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16-044 - USA v. Eapmon et al


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16-044 - USA v. Eapmon et al
April 29, 2017
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REPORT AND RECOMMENDATIONS as to Chance W. Haley: 1. After the Court informed Defendant of his right to rearraignment in the presence of a United States District Judge, Defendant personally consented to rearraignment before a United States Magistrate Judge. Defendant further consented to the Magistrate Judge conducting the Rule 11 hearing and making a recommendation concerning plea acceptance. The consent occurred orally and in writing and was under oath. The consent was knowing, voluntary, and intelligent and occurred with counsels advice. The United States also consented. 2. The Court placed Defendant under oath and performed the full colloquy as required by Rule 11. As set forth in the record, after the colloquy, the Court found Defendant competent to plead. Additionally, after advising Defendant of all applicable rights, covering the plea agreement (to include a partial waiver of appeal and collateral maximum penalties applicable to the charge at issue, as well as the sentencing process, the Court further found that Defendant pled guilty in a knowing, voluntary, and intelligent fashion. 3. Further, an adequate factual basis supporting the plea as to each essential offense element for the applicable charge was presented. The Court covered all areas and confirmed Defendants understanding of all matters required in the context by Rule 11, the criminal rules, and the United States Constitution 4. As such, and based on the Courts findings, the Court RECOMMENDS that the presiding District Judge ACCEPT the guilty plea of Chance W. Haley and ADJUDGE him guilty of Count 1 of the Superseding Indictment 5. The Court informed the parties that the District Judge would defer acceptance of the Plea Agreement pending consideration as part of the final sentencing. 6. The June 5, 2017, jury trial date as to this Defendant is VACATEDand jury trial for this Defendant is CONTINUED GENERALLY pending the District Judges consideration of this Recommendation. See 18 U.S.C. ยง 3161(h)(1)(D), (G), (H). The presiding District Judge will schedule a sentencing hearing and, as necessary, address Defendants custodial status when considering this Recommendation Defendant has the right to object to this Recommendation and to secure de novo review from the District Judge as to any matter to which he specifically objects and seeks review. Given the need for prompt case disposition and the requirements of the Speedy Trial Act, the Court FINDS thatgood cause exists pursuant to Rule 59(b)(2) to modify the standard objections period. Therefore, within THREE days after being served with a copy of this decision, a party may serve and file specific written objections to any or all findings or recommendations for determination, de novo, by the District Court. Failure to make timely objection, in the manner described, may, and normally will, result in waiver of further appeal to or review by the District Court and Court of Appeals with respect to the particular decision at issue. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947, 950 (6th Cir. 1981).. Signed by Magistrate Judge Candace J. Smith on 04/29/2017. (KRB)cc: COR,USM,USP Modified link on 5/4/2017 (TJZ).
May 3, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Chance W. Haley: the Court ACCEPTS the plea and ADOPTS Judge Smith's recommendation 73 as the opinion of the Court. In compliance with the Sentencing Reform Act, it is hereby ORDERED 1. Sentencing proceedings are set in this case for the defendant, Chance W. Haley, on Thursday, August 17, 2017 at 11:30 a.m. at the United States Courthouse in Covington, Kentucky. Parties shall comply with 2-16 of this Order. Signed by Judge Amul R. Thapar on 05/03/2017. (KRB)cc: COR,USM,USP