Opinion
1:22 CR 297
07-20-2022
UNITED STATES OF AMERICA, Plaintiff v. KIMYACHTA SIMPKINS, 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 Kimyachta Simpkins, which was referred to the Magistrate Judge with the consent of the parties.
On June 3, 2022, the government filed a 12 count Indictment against Ms. Simpkins charging her with Aiding and Assisting in Preparation of False Tax Returns, in violation of Title 26 U.S.C. § 7206(2). Defendant was arraigned on July 1, 2022 before Magistrate Judge Parker, and entered a plea of guilty to counts 1 and 5 of the Information, with a written plea agreement. Magistrate Judge Parker 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 Simpkins 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 Simpkins is adjudged guilty to counts 1 and 5 of the Information, in violation of Title 26 U.S.C. § 7206(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 October 19, 2022, at 2:00 p.m. in Courtroom 19A, Carl B. Stokes United States Court House, 801 West Superior Avenue, Cleveland, Ohio.
IT IS SO ORDERED.