Reported / Citable
Background
Scott Trieste was charged in Count One of the indictment with operating an unlicensed money-transmitting business, in violation of 18 U.S.C. § 1960.
The district court referred the administration of Trieste’s guilty plea to U.S. Magistrate Judge K. Nicole Mitchell under Federal Rule of Criminal Procedure 11. After conducting the plea hearing, Judge Mitchell recommended that the court accept the plea and adjudge Trieste guilty. Neither party objected.
The Court’s Holding
District Judge Jeremy D. Kernodle adopted the magistrate judge’s findings of fact and recommendation on the guilty plea. The court accepted Trieste’s plea and found him guilty of Count One.
The court deferred acceptance of the plea agreement until it reviews the presentence report. The order therefore adjudicates Trieste guilty of the charged § 1960 offense, while leaving acceptance of the agreement for later.
Key Takeaways
- The court accepted Trieste’s guilty plea to operating an unlicensed money-transmitting business under 18 U.S.C. § 1960.
- No party objected to the magistrate judge’s Rule 11 findings and recommendation.
- Acceptance of the plea agreement was deferred pending review of the presentence report.
Why It Matters
The order establishes Trieste’s guilt on Count One but does not yet resolve whether the court will accept the parties’ plea agreement. That decision remains contingent on the court’s review of the presentence report.