U.S. v. Goodenough

Full title: UNITED STATES OF AMERICA, Plaintiff, v. JAMES LEE GOODENOUGH, Defendant

Court: United States District Court, D. Idaho

Date published: Oct 8, 2008

Case No. CR 08-118-S-BLW (D. Idaho Oct. 8, 2008)

Opinion

Case No. CR 08-118-S-BLW.

October 8, 2008

REPORT AND RECOMMENDATION

RONALD BUSH, Magistrate Judge

On October 8, 2008, Defendant appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. Defendant executed a written waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to Defendant the nature of the charges, the maximum penalties applicable, his constitutional rights, the effect of the Sentencing Guidelines, and that the District Judge would not be bound by any agreement of the parties as to the penalty to be imposed.

Having conducted the change of plea hearing and having inquired of Defendant and his counsel, and counsel for the United States, the Court concludes that there is a factual basis for Defendant's plea of guilty, and that it was entered voluntarily and with full knowledge of the consequences, and that the plea should be accepted.

RECOMMENDATION

Based upon the foregoing, this Court recommends that the District Court accept Defendant's plea of guilty to Count One (1) of the Indictment and accept Defendant's agreement to the forfeiture charged in Count Four (4) of the Indictment.

It is also recommended that the District Court grant, at the appropriate time, the United States' motion to dismiss Counts Two (2) and Three (3) of the Indictment.