Reported / Citable
Background
The district court referred Tevin T. Jones’s guilty-plea proceeding to U.S. Magistrate Judge Zack Hawthorn for administration under Federal Rule of Criminal Procedure 11. After conducting the plea hearing, Judge Hawthorn issued findings of fact and recommended that the court accept Jones’s plea and adjudge him guilty on Count One of the indictment.
Neither party objected to the magistrate judge’s findings or recommendation. Count One charged Jones under 21 U.S.C. § 841(a)(1) with possession with intent to distribute or dispense “actual” methamphetamine.
The Court’s Holding
U.S. District Judge Marcia A. Crone adopted the magistrate judge’s findings of fact and recommendation. The court accepted Jones’s guilty plea and adjudged him guilty on Count One.
The court did not yet accept the plea agreement. Instead, it deferred that decision until after reviewing the presentence report.
Key Takeaways
- The district court adopted the magistrate judge’s unopposed findings and recommendation concerning Jones’s Rule 11 guilty plea.
- Jones was adjudged guilty of possessing “actual” methamphetamine with intent to distribute or dispense, in violation of 21 U.S.C. § 841(a)(1).
- Acceptance of the guilty plea did not resolve 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 associated plea agreement. Jones’s guilt on Count One was adjudicated, but the court preserved its ability to evaluate the agreement after reviewing sentencing information in the presentence report.