Reported / Citable
Background
Terry Lee Yearling appeared before U.S. Magistrate Judge Rebecca Rutherford under Federal Rule of Criminal Procedure 11 and, by consent, pleaded guilty to the one-count indictment filed May 24, 2022.
The indictment charged Yearling with possessing a firearm as a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
The Court’s Holding
After advising and examining Yearling under oath on the Rule 11 subjects, Judge Rutherford found that his plea was knowing and voluntary. She also found an independent factual basis supporting every essential element of the charged offense.
The magistrate judge therefore recommended that the district judge accept the guilty plea, adjudge Yearling guilty of felon-in-possession of a firearm, and impose sentence accordingly. The report did not itself finally accept the plea or impose sentence.
Key Takeaways
- The magistrate judge found Yearling’s guilty plea knowing and voluntary.
- The report found an independent factual basis for the charged § 922(g)(1) offense.
- Parties had 14 days to file written objections to the recommendation.
Why It Matters
The report advances the case to the district judge for final action on the plea and sentencing. It also underscores that a magistrate judge may conduct a Rule 11 plea proceeding by consent and recommend acceptance to the district court.