Reported / Citable
Background
Michael David Ammean was charged in Count One of the indictment with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1).
The district court referred administration of Ammean’s guilty plea to U.S. Magistrate Judge Zack Hawthorn. After conducting a hearing under Federal Rule of Criminal Procedure 11, the magistrate judge recommended that the court accept the plea and adjudge Ammean guilty on Count One. Neither party objected to the findings and recommendation.
The Court’s Holding
The court accepted the magistrate judge’s findings and recommendation, accepted Ammean’s guilty plea, and adjudged him guilty on Count One of the indictment.
The court deferred acceptance of the plea agreement until it could review the presentence report. It also directed defense counsel to read and discuss that report with Ammean and to file any objections before the sentencing hearing.
Key Takeaways
- The district court accepted Ammean’s guilty plea after adopting the unopposed findings and recommendation from the magistrate judge.
- Ammean was adjudged guilty of violating 18 U.S.C. § 922(g)(1), which prohibits firearm possession by a felon.
- The guilty plea was accepted, but acceptance of the plea agreement remained deferred pending review of the presentence report.
Why It Matters
The order distinguishes between accepting a defendant’s guilty plea and accepting the accompanying plea agreement. Although the court formally adjudged Ammean guilty, it reserved its decision on the agreement until after reviewing the presentence report.