Opinion
CASE NO. 1:11-CR-5(2)
12-21-2011
UNITED STATES OF AMERICA v. JOHN PHIL FITZGERALD
MEMORANDUM ORDER
ADOPTING FINDINGS OF FACT AND RECOMMENDATION
ON DEFENDANT'S GUILTY PLEA
The Court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, for administration of a guilty plea under Rules 11 and 32 of the Federal Rules of Criminal Procedure. Judge Giblin conducted a hearing in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and issued his Findings of Fact and Recommendation on Guilty Plea Before the United States Magistrate Judge [Doc. #125].
The magistrate judge recommended that the Court accept the defendant's guilty plea and conditionally accept the plea agreement. He further recommended that the Court finally adjudge the defendant as guilty on Count Twenty-Four of the charging Second Superseding Indictment filed against the defendant in this cause.
The parties have not objected to the magistrate judge's findings. The Court ORDERS that the Findings of Fact and Recommendation on Guilty Plea [Doc. #125] of the United States Magistrate Judge are ADOPTED, in part. The Court adopts the magistrate judge's findings that the defendant's plea is voluntary and that his plea is supported by an independent factual basis establishing each of the essential elements of the charged offense. However, the Court defers acceptance of the plea agreement until after review of the presentence report.
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Ron Clark, United States District Judge