Reported / Citable
Background
Cody James Harper appeared with counsel and pleaded guilty to Count One of the indictment under a plea agreement. The count charged receipt and distribution of a visual depiction involving the sexual exploitation of a minor, in violation of 18 U.S.C. § 2252(a)(2) and (b)(1).
Harper consented to enter his plea before a magistrate judge, subject to final approval and sentencing by the presiding district judge. The magistrate judge conducted the plea colloquy required by Federal Rule of Criminal Procedure 11.
The Court’s Holding
Magistrate Judge Miguel A. Torres found that Harper was competent and that his plea was knowing, voluntary, and supported by a factual basis. The court found that Harper understood the charge, possible penalties, trial rights, sentencing process, and the terms of his plea agreement.
The magistrate judge also found that Harper understood the agreement’s waiver of appeal and collateral-attack rights and that he could not withdraw his guilty plea merely because the sentencing court declined to apply recommended or requested adjustments. The judge recommended that the district judge accept the plea and enter a judgment of guilt.
Key Takeaways
- The magistrate judge recommended acceptance of Harper’s guilty plea; final approval and sentencing remain for the district judge.
- The plea covered a charge under 18 U.S.C. § 2252(a)(2) and (b)(1) for receipt and distribution of a visual depiction involving the sexual exploitation of a minor.
- Objections to the report and recommendation must be filed before sentencing or the stated review consequences may apply.
Why It Matters
This is a plea-stage recommendation, not a sentencing decision. It documents the Rule 11 findings supporting a guilty plea while leaving final acceptance, entry of judgment, and sentencing to the district judge.