Reported / Citable
Background
The district court referred Kevin Dametress Robertson’s guilty plea to U.S. Magistrate Judge K. Nicole Mitchell for a Federal Rule of Criminal Procedure 11 proceeding. After conducting the plea hearing, the magistrate judge issued findings and recommended that the court accept Robertson’s plea and adjudge him guilty on Count Two of the indictment.
Robertson waived his right to object to the magistrate judge’s findings. Count Two charged him with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1).
The Court’s Holding
District Judge J. Campbell Barker accepted the magistrate judge’s findings and recommendation and accepted Robertson’s guilty plea. The court adjudged Robertson guilty on Count Two, the felon-in-possession charge.
The court deferred acceptance of the plea agreement until it reviews the presentence report. Thus, the guilty plea was accepted and Robertson was found guilty, but the plea agreement itself remains subject to later consideration.
Key Takeaways
- The court accepted Robertson’s guilty plea to violating 18 U.S.C. § 922(g)(1).
- Robertson was adjudged guilty of Count Two of the indictment.
- Acceptance of the plea agreement was deferred pending review of the presentence report.
Why It Matters
The order separates acceptance of the defendant’s plea from acceptance of the parties’ plea agreement. Robertson’s conviction on the charged count follows from the accepted plea, while the agreement’s terms will be evaluated after preparation of the presentence report.