Reported / Citable
Background
The district court referred the matter to U.S. Magistrate Judge David B. Fannin under 28 U.S.C. § 636(b)(1)(B) to administer Jimmy William Cutshall’s guilty plea and allocution pursuant to Federal Rule of Criminal Procedure 11.
Cutshall consented in writing to proceed before the magistrate judge and pleaded guilty, without a written plea agreement, to Count One of the indictment, which charged a violation of 18 U.S.C. § 2450(a). Any oral agreements were placed on the record, and the government presented an oral factual basis for the plea.
The Court’s Holding
Judge Fannin found that Cutshall knowingly and voluntarily consented to the plea proceeding before a magistrate judge, subject to the district court’s final approval and imposition of sentence. The magistrate judge also found Cutshall competent, informed about the charge and the consequences of pleading guilty, and aware that he faced up to 10 years’ imprisonment, a fine of up to $250,000, five years to life of supervised release, and a $100 special assessment.
The magistrate judge further found that Cutshall’s plea was knowing and voluntary and supported by an independent factual basis establishing every essential element of the offense. He therefore recommended that the district court accept the plea and adjudge Cutshall guilty. The filing was a report and recommendation, not a final adjudication or sentence.
Key Takeaways
- Cutshall pleaded guilty to Count One without a written plea agreement.
- The magistrate judge found that the Rule 11 requirements for a competent, knowing, voluntary, and factually supported plea were satisfied.
- The district court retains responsibility for finally accepting the plea, adjudicating guilt, and imposing sentence; objections to the recommendation are due within 14 days after service unless the district court changes the deadline.
Why It Matters
The recommendation documents the procedural safeguards required before a federal felony guilty plea may be accepted. It also clarifies the limited role of the magistrate judge: although Judge Fannin conducted the plea colloquy and recommended acceptance, final approval and sentencing remain with the district court.