Reported / Citable
Background
The district court referred the matter to U.S. Magistrate Judge Christine L. Stetson to administer Mark Daniel Swartout’s guilty plea under Federal Rule of Criminal Procedure 11. After conducting the plea hearing, Judge Stetson issued findings of fact and recommended that the court accept the plea and adjudge Swartout guilty on Counts One and Two of the indictment.
The charges were possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1), and possession of a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. § 924(c). Neither party objected to the magistrate judge’s findings or recommendation.
The Court’s Holding
District Judge Marcia A. Crone adopted the magistrate judge’s findings of fact and recommendation. The court accepted Swartout’s guilty plea and adjudged him guilty on both counts.
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 arising from the Rule 11 plea proceeding.
- Swartout was adjudged guilty of possessing methamphetamine with intent to distribute and possessing a firearm in furtherance of a drug-trafficking crime.
- 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 establishes Swartout’s guilt on both indictment counts and moves the case toward sentencing. It also illustrates the procedural distinction between accepting a defendant’s guilty plea and accepting the associated plea agreement.