Opinion
2:23-CR-122
04-23-2024
UNITED STATES OF AMERICA, Plaintiff, v. ALLEN SHANE STARCHER, Defendant.
REPORT AND RECOMMENDATION
CYNTHIA RICHARDSON WYRICK UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636(b), I conducted a plea hearing in this case on April 22, 2024. At the hearing, Defendant entered a plea of guilty to a lesser included offense of Count One of the Indictment, with the lesser included offense being conspiracy to distribute 5 grams or more of methamphetamine, its salts, isomers, and salts of its isomers, a Schedule II controlled substance, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B). Defendant also entered a plea of guilty to Count Eight of the Indictment. He entered his plea with a plea agreement. On the basis of the record made at the hearing, I find Defendant is fully capable and competent to enter an informed plea; the plea is made knowingly and with full understanding of each of the rights waived by Defendant; the plea is made voluntarily and free from any force, threats, or promises, apart from the promises contained in the plea agreement; Defendant understands the nature of the charges and penalties provided by law; and the plea has a sufficient basis in fact.
For these reasons, I RECOMMEND that Defendant's plea of guilty to the lesser included offense of Count One of the Indictment, specifically set forth above, and to Count Eight of the Indictment be accepted and that the Court adjudicate Defendant guilty of those offenses. I further RECOMMEND that the decision of whether to accept the plea agreement be deferred until sentencing. Finally, I RECOMMEND that Defendant remain in custody pending sentencing in this matter. The parties have been advised that acceptance of the plea, adjudication of guilt, and imposition of sentence are specifically reserved for the district judge.
NOTICE TO PARTIES
You have the right to de novo review of the foregoing findings by the district judge. Any application for review must be in writing, must specify the portions of the findings or proceedings objected to, and must be filed and served no later than Tuesday, May 7, 2024. Failure to file objections within this timeframe constitutes a waiver of any further right to challenge the plea of guilty in this matter. See 28 U.S.C. § 636(b).