Reported / Citable
Background
The district court referred the matter to U.S. Magistrate Judge K. Nicole Mitchell to administer Dominique Johnson’s guilty plea under Federal Rule of Criminal Procedure 11. After conducting the plea hearing, the magistrate judge issued findings of fact and recommended that the court accept the plea and adjudge Johnson guilty on Count One of the indictment.
Neither party objected to the magistrate judge’s findings or recommendation. Count One charged Johnson with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).
The Court’s Holding
District Judge Jeremy D. Kernodle adopted the magistrate judge’s findings of fact and recommendation. The court accepted Johnson’s guilty plea and found him guilty of Count One.
The court did not yet accept the plea agreement. It deferred that decision until after reviewing the presentence report.
Key Takeaways
- The court adopted the unopposed findings and recommendation concerning Johnson’s Rule 11 guilty plea.
- Johnson was adjudged guilty of violating 18 U.S.C. § 922(g)(1).
- Acceptance of the guilty plea did not constitute immediate acceptance of the plea agreement, which remained subject to review after preparation of the presentence report.
Why It Matters
The order distinguishes between accepting a defendant’s guilty plea and accepting the accompanying plea agreement. Although Johnson was adjudged guilty, the court reserved its decision on the agreement until it could review the presentence report.