Reported / Citable
Background
The district court referred Tyrell Robert Richmond’s guilty plea to a U.S. magistrate judge for administration under Federal Rule of Criminal Procedure 11. After conducting the Rule 11 hearing, the magistrate judge issued findings of fact and recommended that the district court accept Richmond’s plea and adjudge him guilty on Counts One and Two of the Information.
Neither party objected to the magistrate judge’s findings and recommendation.
The Court’s Holding
The district court adopted the magistrate judge’s findings of fact and recommendation and accepted Richmond’s guilty plea. The court deferred acceptance of the plea agreement until after reviewing the presentence report.
Based on the plea, the court found Richmond guilty of Counts One and Two: conspiracy to distribute or possess with intent to distribute or dispense fentanyl, in violation of 21 U.S.C. § 846, and possession of a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. § 924(c).
Key Takeaways
- The district court adopted the magistrate judge’s unopposed findings and recommendation concerning Richmond’s Rule 11 guilty plea.
- The court accepted the guilty plea and adjudged Richmond guilty on both counts charged in the Information.
- Acceptance of the plea agreement remains deferred until the court reviews the presentence report.
Why It Matters
The order formally establishes Richmond’s guilt on the fentanyl-conspiracy and firearm counts while preserving the court’s separate review of the plea agreement after receiving the presentence report.