Opinion
CASE NO.1:16cr229
07-29-2016
UNITED STATES OF AMERICA, Plaintiff, v. JONATHAN M. PIPPIN, Defendant.
JUDGE CHRISTOPHER A. BOYKO REPORT & RECOMMENDATION
Pursuant to General Order 99-49, this matter having been referred to United States Magistrate Judge Thomas M. Parker for purposes for receiving, on consent of the parties, the defendant's offer of a plea of guilty on the information filed herein, conducting the colloquy prescribed by Fed. R. Crim. P. 11, causing a verbatim record of the proceedings to be prepared, referring the matter, if appropriate, for presentence investigation, and submitting a Magistrate Judge's Report and Recommendation stating whether the plea should be accepted and a finding of guilty entered, the following, along with the transcript or other record of the proceedings submitted herewith, constitutes the Magistrate Judge's Report and Recommendation concerning the plea of guilty proffered by the defendant.
1. On July 28, 2016, the defendant, accompanied by counsel, proffered a plea of guilty to Counts 1, 2 and 3 of the Information.
2. Prior to such proffer, the defendant was examined as to his competency, advised of the charges and consequences of conviction, informed that the Court would, after considering a pre-sentence investigation report, impose a sentence that is no greater than necessary to meet the requirements of 18 U.S.C. § 3553 et. seq. and authorized by law, notified of his rights, advised that he was waiving all his rights except the right to counsel, and, if such were the case, his right to appeal except as to limited issues, and otherwise provided with the information prescribed in Fed. R. Crim. P. 11.
3. The parties and counsel informed the court about a plea agreement entered into by the parties, the undersigned was advised that, aside from such agreement as described or submitted to the court, no other commitments or promises have been made by any party, and no other agreements, written or unwritten, have been made between the parties.
4. The undersigned questioned the defendant under oath about the knowing, intelligent, and voluntary nature of the plea of guilty, and finds that the defendant's plea was offered knowingly, voluntarily and intelligently.
5. The parties provided the undersigned with sufficient information about the charged offenses and the defendant's admitted conduct to establish a factual basis for the plea.
6. In light of the foregoing and the record submitted herewith, the undersigned finds that the defendant's plea was knowing, voluntary and intelligently made, and that all requirements imposed by the United States Constitution and Fed. R. Crim. P. 11 have been satisfied. Therefore, the undersigned recommends that the plea of guilty be accepted and a finding of guilty be entered by the Court. Date: July 29, 2016
/s/
THOMAS M. PARKER
United States Magistrate Judge ANY OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court within fourteen (14) days of receipt of this notice. Fed. R. Crim. P. 59. Failure to file objections within the specified time constitutes a WAIVER of the right to appeal the Magistrate Judge=s recommendation. Id.