Reported / Citable
Background
Austin Michael Morgan was charged in Count One of the Second Superseding Indictment with conspiracy to possess with intent to distribute fentanyl, in violation of 21 U.S.C. § 846.
The district court referred the administration of Morgan’s guilty plea to a United States magistrate judge under Federal Rule of Criminal Procedure 11. After conducting the Rule 11 hearing, the magistrate judge issued findings of fact and recommended accepting the plea and adjudging Morgan guilty. Neither party objected.
The Court’s Holding
Judge Amos L. Mazzant adopted the magistrate judge’s findings and recommendation. The court accepted Morgan’s guilty plea and found him guilty of Count One of the Second Superseding Indictment.
The court deferred acceptance of Morgan’s plea agreement until it reviews the presentence report. The order adjudicated Morgan guilty of the charged fentanyl-distribution conspiracy but did not impose sentence.
Key Takeaways
- The court adopted an unopposed Rule 11 guilty-plea recommendation from the magistrate judge.
- Morgan was found guilty of conspiracy to possess with intent to distribute fentanyl under 21 U.S.C. § 846.
- Acceptance of the plea agreement was deferred pending review of the presentence report.
Why It Matters
The order completes the guilty-plea adjudication while preserving the court’s decision on the plea agreement for the sentencing stage. It illustrates the district court’s use of a magistrate judge to conduct the Rule 11 plea proceeding, followed by district-judge review and adoption of the recommendation.