Opinion
CASE No. 4:14CR26
05-14-2014
UNITED STATES OF AMERICA. Plaintiff, v. STEPHEN PAUL THOMAS, Defendant.
JUDGE DONALD C. NUGENT
Magistrate Judge George J. Limbert
REPORT AND RECOMMENDATION
OF MAGISTRATE JUDGE
Pursuant to General Order 99-49, this case was referred to United States Magistrate Judge George J. Limbert for the purposes of receiving, on consent of the parties, Defendant's offer of a plea of guilty, conducting the colloquy prescribed by Fed. R. Crim. P. 11, causing a verbatim record of the proceedings to be prepared, referring the matter for presentence investigation, and submitting a Magistrate Judge's Report and Recommendation stating whether the plea should be accepted and a finding of guilty entered. ECF Dkt. #11. The following, along with the transcript or other record of the proceedings submitted herewith, constitutes the Magistrate Judge's Report and Recommendation concerning the plea of guilty proffered by Defendant.
1. On February 18,2014, Defendant Stepehen Paul Thomas, accompanied by Attorney Dominic A. Frank, executed a consent to referral of his case to a United States Magistrate Judge for the purpose of receiving his guilty plea.
2. Defendant then proffered a plea of guilty to both counts in the Indictment.
3. Prior to such proffer. Defendant was examined as to his competency, advised of the charge and consequences of conviction, informed that the Court is not bound to apply the Federal Sentencing Guidelines but must consult the guidelines and take them into consideration when it