Opinion
Case No. 4:14-cr-175
11-05-2015
United States of America, Plaintiff, v. Marcus Allen Irlbeck, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is a Report and Recommendation submitted by Magistrate Judge Charles S. Miller Jr. on July 24, 2015. See Docket No. 53. A change of plea hearing was held in the above-entitled matter on July 22, 2015. Pursuant to a written plea agreement, the Defendant, Marcus Allen Irlbeck, entered a plea of guilty to an information charging him with the offense of Aggravated Sexual Abuse in violation of 18 U.S.C. § 2241(a)(1) and 1153. Judge Miller found that the plea was freely and voluntarily given, was knowingly and intelligently made with the advice of counsel, and was not the result of force or threats or of promises outside those contained in the plea agreement. Judge Miller recommended that the Defendant's plea of guilty be accepted. Neither party has filed an objection.
The Court has reviewed the Report and Recommendation, the transcript of the hearing, the relevant case law, and the record as a whole and finds the Report and Recommendation to be persuasive. Accordingly, the Court ADOPTS the Report and Recommendation (Docket No. 53) in its entirety and ACCEPTS Defendant Marcus Allen Irlbeck's plea of guilty to an information charging him with the offense of Aggravated Sexual Abuse.
IT IS SO ORDERED.
Dated this 5th day of November, 2015.
/s/ Daniel L . Hovland
Daniel L. Hovland, District Judge
United States District Court