Reported / Citable
Background
Nicholas Charles Vagrosky (2) appeared before a United States magistrate judge and pleaded guilty to Count 10 of the indictment. The plea proceeding was conducted under Federal Rule of Criminal Procedure 11, with Vagrosky’s consent and pursuant to United States v. Dees.
The charge was possession with intent to distribute fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). Vagrosky was in custody at the time of the report.
The Court’s Holding
The magistrate judge found that Vagrosky’s guilty plea was knowing and voluntary after advising and examining him under oath on the Rule 11 subjects. The judge also found an independent factual basis supporting each essential element of the charged offense.
Accordingly, the magistrate judge recommended that the district judge accept the plea, adjudge Vagrosky guilty, and impose sentence. The report further recommended that Vagrosky remain in custody after the district judge finds him guilty.
Key Takeaways
- The report recommends acceptance of Vagrosky’s guilty plea to possession with intent to distribute fentanyl.
- The magistrate judge found the plea knowing, voluntary, and supported by an independent factual basis.
- Written objections to the report and recommendation were due within 14 days of service.
Why It Matters
The filing is a recommendation, not a final adjudication by the district judge. If adopted, it will resolve Count 10 through Vagrosky’s guilty plea and leave sentencing for the district court.