Reported / Citable
Background
The district court referred Calvin Van Bolds, Jr.’s guilty-plea proceeding to U.S. Magistrate Judge Christine L. Stetson for administration under Federal Rule of Criminal Procedure 11. After conducting the plea hearing, Judge Stetson issued findings of fact and recommended that the district court accept Bolds’s plea and adjudge him guilty on Counts One and Two of the indictment.
Those counts charged Bolds with possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Neither party objected to the magistrate judge’s findings or recommendation.
The Court’s Holding
U.S. District Judge Marcia A. Crone adopted the magistrate judge’s findings of fact and recommendation. The court accepted Bolds’s guilty plea and adjudged him guilty on both the controlled-substance and firearm counts.
The court did not yet accept the plea agreement. It deferred that decision until after reviewing the presentence report.
Key Takeaways
- The district court adopted the unopposed findings and recommendation issued after the Rule 11 plea hearing.
- Bolds was adjudged guilty of possession with intent to distribute a controlled substance and being a felon in possession of a firearm.
- The guilty plea was accepted, but acceptance of the plea agreement was deferred pending review of the presentence report.
Why It Matters
The order distinguishes between accepting a defendant’s guilty plea and accepting the associated plea agreement. Although the court entered findings of guilt on both counts, it reserved its decision on the agreement until it could evaluate the presentence report.