Reported / Citable
Background
The district court referred the case to U.S. Magistrate Judge Mark Lane to take Jovan Michael Fontenette’s felony guilty plea and allocution under Federal Rule of Criminal Procedure 11. Fontenette appeared with counsel and, pursuant to a plea agreement, pleaded guilty to Count One of the indictment.
Count One charged Fontenette with conspiracy to possess with intent to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(B). The magistrate judge personally addressed Fontenette in open court and advised him of the rights and consequences specified by Rule 11.
The Court’s Holding
The magistrate judge found that Fontenette was competent, understood the charge and potential penalties, and entered his plea freely and voluntarily after reviewing the plea agreement with counsel. The judge also found a factual basis for the plea and determined that Fontenette understood his constitutional and statutory rights and the effect of waiving them.
The report found that Fontenette waived his rights to appeal and to seek relief under 28 U.S.C. §§ 2241 and 2255, subject to stated exceptions. His appeal waiver did not cover a sentence exceeding the statutory maximum, and he retained the right to assert ineffective assistance of counsel or prosecutorial misconduct. The magistrate judge recommended that the district court accept the guilty plea and, after reviewing the presentence investigation report, enter a final judgment of guilt.
Key Takeaways
- The filing is a magistrate judge’s report and recommendation, not a final judgment accepting the plea.
- The magistrate judge concluded that Fontenette’s Rule 11 plea was knowing, voluntary, competent, and supported by a factual basis.
- The parties had 14 days after service to file specific written objections or risk forfeiting de novo and appellate review, except for plain error.
Why It Matters
The recommendation documents the findings required before a federal court may accept a felony guilty plea and clarifies the scope of Fontenette’s plea-agreement waivers. Final acceptance of the plea and entry of judgment remain with the district judge.