Reported / Citable
Background
The court referred Marco Imanol Ferrusca-Ortega’s guilty plea to U.S. Magistrate Judge K. Nicole Mitchell for administration under Federal Rule of Criminal Procedure 11.
After conducting the Rule 11 hearing, the magistrate judge issued findings and recommended that the district court accept Ferrusca-Ortega’s plea and adjudge him guilty on Count One. Ferrusca-Ortega waived his right to object to those findings.
The Court’s Holding
District Judge J. Campbell Barker accepted the magistrate judge’s findings of fact and recommendation and accepted Ferrusca-Ortega’s guilty plea.
Consistent with that plea, the court found Ferrusca-Ortega guilty on Count One of the indictment, which charged possession of firearms by a prohibited person in violation of 18 U.S.C. § 922(g)(5).
Key Takeaways
- The district court accepted the magistrate judge’s Rule 11 findings and recommendation without objection from the defendant.
- Ferrusca-Ortega was adjudged guilty on Count One.
- The offense of conviction is prohibited-person firearm possession under 18 U.S.C. § 922(g)(5).
Why It Matters
The order completes the plea-acceptance and adjudication stage of the case on the firearm charge. It does not address sentencing or impose a sentence.