Opinion
1:21 CR 791
10-06-2022
UNITED STATES OF AMERICA, Plaintiff v. ASHLEY S. MACK, 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 Thomas M. Parker, regarding the change of plea hearing of Ashley S. Mack, which was referred to the Magistrate Judge with the consent of the parties.
On October 28, 2021 the government filed a 1 count Indictment, charging Defendant Ashley S. Mack with Making a False Statement in Acquisition of a Firearm, in violation of Title 18 U.S.C. §§ 922(a)(6) and 924(a)(2). On November 15, 2021 Magistrate Judge Parker held an arraignment, during which Mr. Mack entered a plea of not guilty to the charges. On September 16, 2022 Magistrate Judge Parker received Defendant's plea of guilty to count 1 of the Indictment, without a written plea agreement, 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 Mack is found to be competent to enter a plea and to understand her constitutional rights. She 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 Ashley S. Mack is adjudged guilty to count 1 of the Indictment, in violation of Title 18 U.S.C. §§ 922(a)(6) 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 held on January 5, 2023 at 11:00 a.m. in Courtroom 19A, Carl B. Stokes United States Court House, 801 West Superior Avenue, Cleveland, Ohio.
IT IS SO ORDERED.