Reported / Citable
Background
Olamilekan Idris Yusuff appeared before a magistrate judge by consent and pleaded guilty to Count 2 of the indictment under Federal Rule of Criminal Procedure 11.
The charge was access device fraud under 18 U.S.C. § 1029(a)(2) and (c)(1)(A)(i). The report and recommendation does not identify the underlying conduct or specify a detention recommendation.
The Court’s Holding
After questioning Yusuff under oath about the subjects required by Rule 11, the magistrate judge determined that his guilty plea was knowing and voluntary.
The magistrate judge also found an independent factual basis supporting every essential element of the offense. The judge therefore recommended that the district judge accept the plea, adjudge Yusuff guilty of access device fraud, and impose sentence accordingly.
Key Takeaways
- Yusuff pleaded guilty to Count 2 of the indictment.
- The magistrate judge found the plea knowing, voluntary, and supported by an adequate factual basis.
- The recommendation is subject to review by the assigned district judge, and written objections were due within 14 days after service.
Why It Matters
The report concludes the Rule 11 plea proceeding and recommends acceptance of Yusuff’s guilty plea, but it is not itself a final adjudication of guilt or sentence by the district judge.
The notice warns that failing to file timely written objections bars an aggrieved party from challenging the report and recommendation before the assigned district judge.