Opinion
4:22-cr-00164-RGE-HCA
03-14-2023
UNITED STATES OF AMERICA, Plaintiff, v. AVONTAE LAMAR TUCKER, Defendant.
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY
HELEN C. ADAMS, CHIEF U.S. MAGISTRATE JUDGE
The United States of America and the Defendant, having both filed a written consent, appeared before me pursuant to Rule 11, Fed. R. Crim. P. and L. Cr. R. 11. The Defendant entered a plea of guilty to Counts 1, 2, and 3 of the Indictment. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty pleas were knowing and voluntary as to each count, and that the offenses charged are supported by an independent factual basis concerning each of the essential elements of such offenses. There is no plea agreement. I, therefore, recommend that the pleas of guilty be accepted, that a pre-sentence investigation and report be prepared, and that the Defendant be adjudged guilty and have sentence imposed accordingly. This Report is subject to Defendant filing a motion to dismiss Count 3 on constitutionality grounds subject to Judge Ebinger's review.
NOTICE
Failure to file written objections to this Report and Recommendation within fourteen (14) days from the date of its service shall bar an aggrieved party from attacking such Report and Recommendation before the assigned United States District Judge. 28 U.S.C. § 636(b)(1)(B).