Reported / Citable
Background
The district court referred Eddie Ray Harvey II’s guilty-plea proceeding to U.S. Magistrate Judge Zack Hawthorn for administration under Federal Rule of Criminal Procedure 11. After conducting the plea hearing, Judge Hawthorn issued findings of fact and recommended that the district court accept Harvey’s plea.
The magistrate judge also recommended adjudging Harvey guilty on Count Two of the superseding indictment. That count charged Harvey with possessing a firearm after a misdemeanor domestic-violence conviction, in violation of 18 U.S.C. § 922(g)(9). Neither party objected to the findings and recommendation.
The Court’s Holding
U.S. District Judge Marcia A. Crone adopted the magistrate judge’s findings of fact and recommendation and accepted Harvey’s guilty plea.
Consistent with the plea and recommendation, the court adjudged Harvey guilty on Count Two. It also ordered defense counsel to review the presentence report with Harvey and file any objections before the sentencing hearing.
Key Takeaways
- The court accepted Harvey’s Rule 11 guilty plea after no party objected to the magistrate judge’s findings and recommendation.
- Harvey was adjudged guilty of violating 18 U.S.C. § 922(g)(9) by possessing a firearm after a misdemeanor domestic-violence conviction.
- The order requires defense counsel to discuss the presentence report with Harvey and submit any objections before sentencing.
Why It Matters
The order completes the plea-adjudication stage of the prosecution and establishes Harvey’s guilt on Count Two. The case now proceeds toward sentencing, including review of the presentence report and resolution of any timely objections.