Opinion
2:22-CR-101
07-07-2023
UNITED STATES OF AMERICA, Plaintiff, v. HOWARD LEE WALLACE, Defendant.
REPORT AND RECOMMENDATION
Cynthia Richardson Wyrick United States Magistrate Judge.
Pursuant to 28 U.S.C. § 636(b), I conducted a plea hearing in this case on June 22, 2023. At the hearing, Defendant entered a plea of guilty to a lesser included offense of Count One of the Indictment, with the lesser included offense being conspiracy to distribute 5 grams or more of methamphetamine, a Schedule II controlled substance in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B). He entered his plea with a plea agreement. On the basis of the record made at the hearing, I find Defendant is fully capable and competent to enter an informed plea; the plea is made knowingly and with full understanding of each of the rights waived by Defendant; the plea is made voluntarily and free from any force, threats, or promises, apart from the promises in the plea agreement; Defendant understands the nature of the charge and penalties provided by law; and the plea has a sufficient basis in fact.
For these reasons, I RECOMMEND that Defendant's plea of guilty to the lesser included offense of Count One of the Indictment specified above be accepted and that the Court adjudicate Defendant guilty of the charges set forth in that count. I further RECOMMEND that Defendant remain in custody pending sentencing in this matter. The parties have been advised that acceptance of the plea, adjudication of guilt, and imposition of sentence are specifically reserved for the district judge.
NOTICE TO PARTIES
You have the right to de novo review of the foregoing findings by the district judge. Any application for review must be in writing, must specify the portions of the findings or proceedings objected to, and must be filed and served no later than Thursday, July 6, 2023. Failure to file objections within this time frame constitutes a waiver of any further right to challenge the plea of guilty in this matter. See 28 U.S.C. § 636(b).