Reported / Citable
Background
Marquis Anthony Tates appeared with counsel before a magistrate judge and consented orally and in writing to enter a guilty plea under Federal Rule of Criminal Procedure 11, subject to final approval and sentencing by the presiding district judge.
Under a written plea agreement with the government, Tates pleaded guilty to Count One of the indictment, which charged him with possessing a firearm as a convicted felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(8). The magistrate judge placed Tates under oath and questioned him in open court about the charge, the plea agreement, the applicable penalties, and the rights he would waive by pleading guilty.
The Court’s Holding
Magistrate Judge Amy R. Burch found that Tates was competent, understood the charge and its essential elements, understood the plea agreement and associated penalties, and knowingly waived his constitutional and statutory rights. She further found that the plea was free and voluntary, had a factual basis, and that accepting it would serve the ends of justice.
The magistrate judge recommended that the district judge accept Tates’s guilty plea, adjudge him guilty, and impose sentence accordingly. The report emphasized that the district judge retained final decision-making authority and could review the magistrate judge’s actions. Tates was given 14 days to raise objections with the district judge.
Key Takeaways
- Tates pleaded guilty under a written agreement to possessing a firearm as a convicted felon.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a factual basis.
- The report was a recommendation, not a final adjudication; acceptance of the plea and sentencing remained with the district judge.
Why It Matters
The report documents the Rule 11 safeguards used to ensure that a criminal defendant’s guilty plea is informed and voluntary. It also illustrates the division of authority when a magistrate judge conducts a plea proceeding by consent: the magistrate judge may make findings and recommend acceptance, but the district judge retains ultimate authority over the plea, adjudication, and sentence.