Reported / Citable
Background
Mohammed Luqman Zakkee Shakir appeared before U.S. Magistrate Judge Dan N. MacLemore with defense counsel and counsel for the government to enter a guilty plea. The district judge had referred the plea proceeding to the magistrate judge.
During the hearing, Shakir consented to pleading guilty before a magistrate judge and entered his plea on the record. The court personally addressed him concerning the charge, possible penalties, constitutional and statutory rights, consequences of pleading guilty, and voluntariness of the plea.
The Court’s Holding
The magistrate judge found that Shakir was competent, understood the charge and potential penalties, understood and wished to waive his rights, and entered the plea freely, knowingly, and voluntarily. The judge also found that Shakir was satisfied with counsel’s representation and that a factual basis supported the plea.
Based on those findings, the magistrate judge recommended that the district court accept Shakir’s guilty plea and enter a judgment of guilt. The memorandum was a recommendation, not a final order accepting the plea.
Key Takeaways
- The Rule 11 plea colloquy addressed Shakir’s competence, consent, rights, potential penalties, and the voluntariness of his plea.
- The magistrate judge found a factual basis for the guilty plea and no complaint concerning defense counsel’s representation.
- Parties have 14 days after service to file specific written objections to the recommendation, subject to any modification by the district court.
Why It Matters
The recommendation records the procedural findings required before a guilty plea may be accepted. Because it remains subject to the district court’s review, the recommendation itself does not constitute final acceptance of the plea or entry of judgment.