Reported / Citable
Background
The district court referred Stephen Bernard Davis’s guilty-plea proceeding to U.S. Magistrate Judge K. Nicole Mitchell under Federal Rule of Criminal Procedure 11.
After conducting the Rule 11 hearing, the magistrate judge recommended accepting Davis’s guilty plea and adjudging him guilty on Counts One and Two of the amended indictment. Neither party objected to those findings or recommendation.
The Court’s Holding
District Judge Jeremy D. Kernodle adopted the magistrate judge’s findings and recommendation and accepted Davis’s guilty plea.
The court adjudged Davis guilty of Count One, conspiracy to distribute or possess with intent to distribute or dispense a controlled substance, in violation of 21 U.S.C. § 846, and Count Two, possessing a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. § 924(c). The court deferred acceptance of the plea agreement until it reviews the presentence report.
Key Takeaways
- The court adopted the unopposed Rule 11 findings and recommendation from the magistrate judge.
- Davis was adjudged guilty on the amended indictment’s drug-conspiracy and firearm counts.
- Acceptance of the plea agreement remains deferred pending review of the presentence report.
Why It Matters
The order resolves Davis’s guilt on the two charged offenses while leaving the plea agreement’s ultimate acceptance for the sentencing stage. It also reflects the district court’s adoption of an unopposed magistrate judge recommendation following a Rule 11 plea colloquy.