U.S. v. Bailey

Full title: UNITED STATES OF AMERICA, Plaintiff, v. SHARON RUTH BAILEY, Defendant

Court: United States District Court, D. Idaho

Date published: May 9, 2002

Case No. CR-01-100-S-BLW (D. Idaho May. 9, 2002)

Opinion

Case No. CR-01-100-S-BLW.

May 9, 2002

ORDER

B. LYNN WINMILL, Chief Judge, District

The Court has before it a Report and Recommendation (Docket No. 26) filed by the United States Magistrate Judge. On February 4, 2002, Defendant Sharon Ruth Bailey appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's plea of guilty to Counts One and Two of the Superseding Indictment (Docket No. 13), and that it was entered voluntarily and with full knowledge of the consequences. The Court finds the Magistrate Judge met all requirements of Rule 11 of the Federal Rules of Criminal Procedure. Specifically, the Court finds the Magistrate Judge adhered to the requirements of Rule 11(c). On that basis, the Court also finds under Rule 11(d) that Defendant's plea was voluntary and not the result of force or threats or of promises apart from the plea agreement. Accordingly,

NOW THEREFORE IT IS HEREBY ORDERED that the Report and Recommendation (Docket No. 26) shall be, and the same is hereby, ADOPTED as the decision of the District Court and incorporated fully herein by reference, except that the Court shall take under advisement the decision whether to accept the terms of the plea agreement pending the Court's review of the pre-sentence report.

IT IS FURTHER ORDERED that the Defendant's plea of guilty to Counts One and Two of the Superseding Indictment (Docket No. 13) shall be, and the same is hereby, ACCEPTED by the Court as a knowing and voluntary plea supported by an independent basis in fact containing each of the essential elements of the offense.

IT IS FURTHER ORDERED that Sharon Ruth Bailey is found to be GUILTY as to the crime charged in Counts One and Two of the Superseding Indictment (Docket No. 13).

IT IS FURTHER ORDERED that the United States Probation Office prepare a pre-sentence report in this matter.

IT IS FURTHER ORDERED that sentencing in this matter be scheduled before this Court to take place on July 8, 2002, at 11:00 a.m. at the Federal Courthouse in Boise, Idaho.