Reported / Citable
Background
The district court referred Shara Herndon’s case to U.S. Magistrate Judge Mark Lane to take Herndon’s felony guilty plea and allocution under Federal Rule of Criminal Procedure 11.
Herndon appeared with counsel and, pursuant to a plea agreement, pleaded guilty to Count Two of the indictment, charging misappropriation of postal funds in violation of 18 U.S.C. § 1711. The magistrate judge personally advised Herndon of the Rule 11 admonishments and determined that Herndon understood them.
The Court’s Holding
The magistrate judge found that Herndon was competent and entered the plea freely and voluntarily with the advice of counsel. He also found that Herndon understood the charge, potential penalties, waived rights, and plea agreement, and that a factual basis existed for the plea.
The magistrate judge recommended that the district court accept Herndon’s guilty plea and, after reviewing the presentence investigation report, enter a final judgment of guilt. The report and recommendation did not itself finally accept the plea or impose a sentence.
Key Takeaways
- Herndon pleaded guilty under a plea agreement to misappropriation of postal funds under 18 U.S.C. § 1711.
- The magistrate judge found the Rule 11 requirements satisfied, including competency, voluntariness, understanding of the plea, and the existence of a factual basis.
- Herndon waived most appellate and collateral-review rights but retained the right to raise ineffective-assistance and prosecutorial-misconduct claims.
Why It Matters
The recommendation documents the magistrate judge’s determination that Herndon’s felony guilty plea complied with Rule 11. Final acceptance of the plea and entry of judgment remain with the district judge, and the parties have 14 days after service to file specific written objections.