Reported / Citable
Background
The court referred Amber Dawn Smith’s guilty plea proceeding 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 that the district court accept Smith’s plea and adjudge her guilty on Count One of the First Superseding Indictment.
Neither party objected to the magistrate judge’s findings. Count One charged Smith with conspiracy to possess with intent to distribute ADB-BUTINACA and MDMB-4en-PINACA, in violation of 21 U.S.C. § 846.
The Court’s Holding
District Judge Sean D. Jordan adopted the magistrate judge’s findings and recommendation on Smith’s guilty plea. The court accepted Smith’s plea and found her guilty on Count One of the First Superseding Indictment.
The court deferred acceptance of the plea agreement until it reviews the presentence report. The order therefore adjudicated Smith guilty based on her plea but did not yet accept the parties’ plea agreement.
Key Takeaways
- The court adopted the magistrate judge’s Rule 11 guilty-plea recommendation without objections from either party.
- Smith was found guilty of a § 846 conspiracy involving ADB-BUTINACA and MDMB-4en-PINACA.
- Acceptance of the plea agreement was deferred pending review of the presentence report.
Why It Matters
The order resolves Smith’s guilt on the charged drug-conspiracy count while preserving the district court’s authority to evaluate the plea agreement after reviewing sentencing information. It illustrates the common Rule 11 procedure in which a magistrate judge administers a plea hearing and the district judge makes the final adjudication.