Opinion
1:20-cr-088-TRM-SKL-01
08-10-2021
UNITED STATES OF AMERICA v. WALTER LEON GRIGSBY
REPORT AND RECOMMENDATION
SUSAN K. LEE, UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636(b), I conducted a plea hearing in this case on June 28, 2021. At the hearing, defendant waived his right to prosecution by indictment and consented to proceeding on an Information rather than indictment, and entered a plea of guilty to Count One of the one-count Superseding Bill of Information pursuant to a written plea agreement. I find defendant made a knowing and voluntary waiver of indictment and consented to proceed before the magistrate judge. On the basis of the record made at the hearing, I find the defendant is capable and competent to enter an informed plea; the plea is made knowingly and with full understanding of each of the rights waived by defendant; the plea is made voluntarily and free from any force, threats, or promises; apart from the promises in the plea agreement; the defendant understands the nature of the charge and penalties provided by law; and the plea has a sufficient basis in fact.
Therefore, I RECOMMEND defendant's plea of guilty to Count One of the Superseding Bill of Information be accepted, and the Court adjudicate defendant guilty of the charges set forth in Count One of the Superseding Bill of Information, and a decision on whether to accept the plea agreement be deferred until sentencing. Defendant was detained and I further RECOMMEND defendant remain in custody until sentencing in this matter or further court proceedings. Acceptance of the plea, adjudication of guilt, acceptance of the plea agreement, and imposition of sentence are specifically reserved for the district judge.
NOTICE TO PARTIES
You have the right to de novo review of the foregoing findings by the district judge. Any application for review must be in writing, must specify the portions of the findings or proceedings objected to, and must be filed and served no later than fourteen days after the plea hearing. Failure to file objections within fourteen days constitutes a waiver of any further right to challenge the plea of guilty in this matter. See 28 U.S.C. § 636(b).