Reported / Citable
Background
Starr Brocato was charged in Count One of an indictment with conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846.
The district court referred administration of Brocato’s guilty plea to U.S. Magistrate Judge Christine L. Stetson. After conducting a hearing under Federal Rule of Criminal Procedure 11, Judge Stetson recommended that the district court accept the plea and adjudge Brocato guilty on Count One. Neither party objected to the magistrate judge’s findings and recommendation.
The Court’s Holding
The district court adopted the magistrate judge’s findings of fact and recommendation. It accepted Brocato’s guilty plea and adjudged Brocato 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 Brocato’s Rule 11 guilty-plea proceeding.
- Brocato was adjudged guilty of conspiracy to possess with intent to distribute methamphetamine under 21 U.S.C. § 846.
- Acceptance of the guilty plea did not resolve acceptance of the plea agreement, which 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 entered an adjudication of guilt, it retained authority to evaluate the agreement after reviewing the presentence report.