Reported / Citable
Background
Roger Wayne Shepard was charged in a one-count indictment filed April 15, 2025. Count 1 alleged possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1) and (a)(8).
With his consent, Shepard appeared before a magistrate judge under Federal Rule of Criminal Procedure 11 and pleaded guilty to Count 1. The magistrate judge questioned Shepard under oath about the matters required by Rule 11.
The Court’s Holding
The magistrate judge determined that Shepard’s guilty plea was knowing and voluntary. The judge 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 plea, adjudge Shepard guilty of possessing a firearm as a convicted felon, and impose sentence accordingly. Because Shepard was already in custody, the magistrate judge further recommended that he remain in custody.
Key Takeaways
- The ruling is a report and recommendation concerning Shepard’s plea, not a final judgment or sentencing decision.
- The magistrate judge found that Shepard knowingly and voluntarily pleaded guilty and that the charge had an adequate factual basis.
- Written objections were due within 14 days after service of the report and recommendation.
Why It Matters
The recommendation clears the Rule 11 stage of Shepard’s prosecution by finding the plea procedurally valid and factually supported. The assigned district judge must act on the recommendation before Shepard is formally adjudged guilty on the plea.
The recommendation also preserves Shepard’s custodial status pending the district judge’s action and subsequent sentencing.