Opinion
1:21 CR 596
04-19-2022
UNITED STATES OF AMERICA, Plaintiff v. SHAUN BENNAFIELD, Defendant
ORDER ACCEPTING PLEA AGREEMENT, JUDGMENT AND REFERRAL TO U.S. PROBATION OFFICE
SOLOMON OLIVER, JR. UNITED STATES DISTRICT JUDGE
This case is before the Court on a Report and Recommendation filed by United States Magistrate Judge Carmen E. Henderson, regarding the change of plea hearing of Shaun Bennafield, which was referred to the Magistrate Judge with the consent of the parties.
On August 25, 2021, the government filed a 6 count Indictment, charging Defendant Bennafield in count 5 with Felon in Possession of a Firearm and Ammunition in violation of Title 18 U.S.C. § 922(g) and 924(a)(2). Defendant was arraigned on August 26, 2021, and entered a plea of not guilty to count 5 of the Indictment, before Magistrate Judge Carmen E. Henderson. On March 22, 2022, Magistrate Judge Henderson received Defendant Bennafield's plea of guilty to count 5 of the Indictment and issued a Report and Recommendation (“R&R”), concerning whether the plea should be accepted and a finding of guilty entered.
Neither party submitted objections to the Magistrate Judge's R&R in the fourteen days after it was issued.
On de novo review of the record, the Magistrate Judge's R&R is adopted. Defendant Bennafield is found to be competent to enter a plea and to understand his constitutional rights. He is aware of the charges and of the consequences of entering a plea. There is an adequate factual basis for the plea. The court finds the plea was entered knowingly, intelligently, and voluntarily. The plea agreement is approved.
Therefore, Defendant Shaun Bennafield is adjudged guilty to count 5 of the Indictment, in violation of Title 18:922(g)(1) and 924(a)(2). This matter was referred to the U.S. Probation Department for the completion of a pre-sentence investigation and report. Sentencing will be on July 15, 2022, at 10:30 a.m. in Courtroom 19A, Carl B. Stokes United States Court House, 801 West Superior Avenue, Cleveland, Ohio.
IT IS SO ORDERED.