Reported / Citable
Background
Brian Edward Harkless was charged in Count One of an indictment with possessing a firearm after a felony conviction, in violation of 18 U.S.C. § 922(g)(1).
The district court referred administration of Harkless’s guilty plea to U.S. Magistrate Judge John D. Love under Federal Rule of Criminal Procedure 11. After conducting the plea hearing, the magistrate judge issued findings of fact and recommended that the district court accept the plea and adjudge Harkless guilty. Neither party objected.
The Court’s Holding
District Judge Jeremy D. Kernodle adopted the magistrate judge’s findings and recommendation on the guilty plea.
Consistent with Harkless’s plea, the court found him guilty of Count One: felon in possession of a firearm under 18 U.S.C. § 922(g)(1). The order did not impose sentence.
Key Takeaways
- The court accepted Harkless’s guilty plea after a Rule 11 hearing conducted by the magistrate judge.
- No party objected to the magistrate judge’s plea findings or recommendation.
- The adjudication concerns Count One’s § 922(g)(1) felon-in-possession charge; sentencing was not addressed in this order.
Why It Matters
The order formally resolves Harkless’s guilt on the charged firearm offense following his plea. It illustrates the district court’s adoption of an unopposed magistrate judge’s Rule 11 plea recommendation.