Reported / Citable
Background
The district court referred Kevin Johnson’s guilty plea proceeding to U.S. Magistrate Judge Zack Hawthorn for administration under Federal Rule of Criminal Procedure 11. After conducting the required hearing, Judge Hawthorn issued findings of fact and recommended that the district court accept Johnson’s plea and adjudge him guilty on Count One of the indictment.
Count One charged Johnson with violating 18 U.S.C. § 1791(a)(2) by possessing a prohibited object as an inmate. Neither party objected to the magistrate judge’s findings or recommendation.
The Court’s Holding
District Judge Marcia A. Crone adopted the magistrate judge’s findings of fact and recommendation. The court accepted Johnson’s guilty plea and adjudged him guilty on Count One of the indictment.
The court did not yet accept the plea agreement. It deferred that decision until after reviewing the presentence report.
Key Takeaways
- The court adopted the unopposed findings and recommendation concerning Johnson’s Rule 11 guilty plea.
- Johnson was adjudged guilty of inmate possession of a prohibited object under 18 U.S.C. § 1791(a)(2).
- Acceptance of the guilty plea did not resolve whether the court would accept the plea agreement, which remained subject to presentence-report review.
Why It Matters
The order illustrates the distinct steps involved when a magistrate judge conducts a federal guilty-plea hearing: the district judge may adopt the recommendation and adjudge the defendant guilty while separately reserving a decision on the plea agreement.