Reported / Citable
Background
Kane Michael Ramirez was charged in Count One of an indictment with violating 18 U.S.C. § 922(g)(1), which prohibits firearm possession by a person within the statute’s covered prohibited categories.
The district court referred administration of Ramirez’s guilty plea to U.S. Magistrate Judge Zack Hawthorn. After conducting a hearing under Federal Rule of Criminal Procedure 11, the magistrate judge recommended that the district court accept the plea and adjudge Ramirez guilty on Count One. 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 Ramirez’s guilty plea.
In accordance with the plea and the magistrate judge’s recommendation, the court adjudged Ramirez guilty on Count One of the indictment for possession of a firearm by a prohibited person under 18 U.S.C. § 922(g)(1). The court also ordered defense counsel to review the presentence report with Ramirez and file any objections before the sentencing hearing.
Key Takeaways
- The district court adopted the magistrate judge’s unopposed findings and recommendation concerning Ramirez’s Rule 11 guilty plea.
- The court accepted the plea and adjudged Ramirez guilty under 18 U.S.C. § 922(g)(1).
- Defense counsel must review the presentence report with Ramirez and submit any objections before sentencing.
Why It Matters
The order completes the plea-adjudication stage of the prosecution and moves the case toward sentencing. It also illustrates the district court’s adoption of a magistrate judge’s recommendation after a Rule 11 plea proceeding when neither party objects.