Opinion
CRIMINAL 2:22-cr-00191
08-11-2023
UNITED STATES OF AMERICA v. BENJAMIN PITSCH
JAMES D. CAIN, JR., JUDGE
REPORT AND RECOMMENDATION ON FELONY GUILTY PLEA BEFORE UNITED STATES MAGISTRATE JUDGE
KAY, MAGISTRATE JUDGE
Pursuant to Title 28, United States Code, Section 636(b), and with the written and oral consent of the defendant, this matter has been referred by the District Court for administration of Guilty Plea and Allocution under Rule 11 of the Federal Rules of Criminal Procedure.
This cause came before the undersigned U.S. Magistrate Judge on April 11, 2023, at which time the defendant expressed a desire to waive his right to plead guilty before a District Judge and enter into a plea before the U.S. Magistrate Judge. Defendant indicated on the record his desire to consent to proceed before the undersigned and executed a waiver. Defendant was at all times represented by counsel, Adam P. Johnson.
After said hearing and for reasons orally assigned, it is the finding of the undersigned that the defendant is fully competent, that his plea of guilty is knowing and voluntary, that his guilty plea to Count One of the Bill of Information is fully supported by the written factual basis acknowledged by defendant orally in court and by his signature on the written document. This factual basis supports each essential element of the offense to which the defendant pled.
Therefore the undersigned U.S. Magistrate Judge recommends that the District Court ACCEPT the guilty plea of the defendant, Benjamin Pitsch, and that he be finally adjudged guilty of the offense charged in Count One of the Bill of Information.
Sentencing is set for November 30, 2023, at 10:00 a.m., before the Honorable James David Cain, Jr. in Lake Charles, Louisiana. Defendant's presentencing memorandum is due 14 days before the sentencing hearing, and any response by the government is due 7 days thereafter. Defendant is to be continued on bond under the previously imposed conditions except that, once the district judge has accepted this recommendation and, thus, defendant becomes convicted of the crime to which he pled, an additional condition is imposed and that is that defendant must comply with the requirements of the Sex Offender Registration and Notification act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which you reside, work, are a student, or were convicted of a qualifying offense