Reported / Citable
Background
Mykelle Allante Cary was charged in Count One of an indictment with violating 18 U.S.C. § 922(g)(1), which prohibits firearm possession by a person with a qualifying prior conviction.
The district court referred administration of Cary’s guilty plea to U.S. Magistrate Judge Zack Hawthorn. After conducting a hearing under Federal Rule of Criminal Procedure 11, Judge Hawthorn recommended that the court accept the plea and adjudge Cary guilty on Count One. Neither party objected to the magistrate judge’s findings.
The Court’s Holding
U.S. District Judge Marcia A. Crone adopted the magistrate judge’s findings of fact and recommendation and accepted Cary’s guilty plea.
Consistent with the plea and recommendation, the court adjudged Cary guilty on Count One of the indictment for possession of a firearm by a prohibited person under 18 U.S.C. § 922(g)(1). The court also directed defense counsel to review the presentence report with Cary and file any objections before sentencing.
Key Takeaways
- The court accepted Cary’s guilty plea after adopting the unopposed Rule 11 findings and recommendation.
- Cary was adjudged guilty of violating 18 U.S.C. § 922(g)(1).
- Defense counsel must review the presentence report with Cary and submit any objections before the sentencing hearing.
Why It Matters
The order completes the plea-adjudication stage of the prosecution and establishes Cary’s guilt on Count One. The case now proceeds toward sentencing, including review of the presentence report and resolution of any timely objections.