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16-046 - USA v. Webber


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16-046 - USA v. Webber
May 11, 2016
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REPORT AND RECOMMENDATIONS it is RECOMMENDED that the District Court accept Defendants plea of guilty to Count One of the Information and find Defendant guilty as charged of Defendant knowingly possessed matters which contain visual depictions that had been shipped and transported using any means and facility of interstate and foreign commissioner, and that had been shipped and transported in and affecting interstate and foreign commerce, the producing of such visual depiction involved the use of prepubescent minors engaging in sexually explicit conduct, and such visual depictions were of such conduct in violation of 18 U.S.C. ยงยง 2252(a)(4)(B) and (b)(2). It is further RECOMMENDED that the District Court defer acceptance of the proposed binding plea agreement until he has the opportunity to review the pre-sentence investigation report as to Richard C Webber. Objections to R&R due by 5/31/2016 Signed by Magistrate Judge Sharon L. Ovington on 5/11/16. (pb)
July 5, 2016
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ORDER - This matter came before the Court for hearing on May 9, 2016 before Chief United States Magistrate Judge Sharon L. Ovington, who thereafter issued a Report and Recommendations. (Doc. # 8). Having conducted a full colloquy with Defendant Richard C. Webber, the Magistrate Judge concluded that Defendant's plea of guilty is knowing, intelligent, and voluntary, and that there is an adequate factual basis for a finding of guilty as to Count One of the Information. The Court, noting that no Objections to the Report and Recommendations have been filed and that the time for filing Objections has expired, hereby ADOPTS in full said Report and Recommendations. Therefore, based on the aforesaid, and this Court's de novo review of the record and the findings by the United States Magistrate Judge, this Court adopts the findings and recommendations of the United State Magistrate Judge, and finds that Defendant Richard C. Webber's guilty plea was knowing, voluntary, and intelligent. Final acceptance of Defendant's guilty plea is deferred pending review of the pre-sentence investigation report. RE: 8 - Signed by Judge Walter H. Rice on 7/5/2016. (srb)