Reported / Citable
Background
Andrei Siskov appeared before U.S. Magistrate Judge Christine L. Stetson to enter a guilty plea under Federal Rule of Criminal Procedure 11. After conducting the plea hearing, Judge Stetson issued findings of fact and recommended that the district court accept the plea.
Judge Stetson also recommended adjudicating Siskov guilty on Count Two of the indictment, which charged him under 18 U.S.C. § 111(a)(1) and (b) with assaulting, resisting, or impeding certain officers or employees. Neither party objected to the magistrate judge’s findings or recommendation.
The Court’s Holding
The district court adopted Judge Stetson’s findings of fact and recommendation. It accepted Siskov’s guilty plea but deferred acceptance of the plea agreement until after reviewing the presentence report.
Consistent with the plea and the magistrate judge’s recommendation, the court adjudged Siskov guilty on Count Two of the indictment.
Key Takeaways
- The court adopted the unopposed findings and recommendation entered after the Rule 11 plea hearing.
- Siskov was adjudged guilty of violating 18 U.S.C. § 111(a)(1) and (b).
- The court accepted the guilty plea but postponed its decision on the plea agreement until after reviewing the presentence report.
Why It Matters
The order establishes Siskov’s conviction on Count Two while preserving the district court’s ability to evaluate the plea agreement with the benefit of the presentence report. It also illustrates the distinct procedural treatment of accepting a defendant’s guilty plea and accepting the associated plea agreement.