Case Information
*1 Case 1:06-cr-00057-PLM ECF No. 65 filed 07/10/07 PageID.130 Page 1 of 2
UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION U NITED S TATES OF A MERICA , )
) Plaintiff, ) Case No. 1:06-cr-00057 ) v. ) Honorable Richard Alan Enslen
) S EAN J ASON B ARRY , )
) Defendant. ) ____________________________________)
REPORT AND RECOMMENDATION
Pursuant to W.D. M ICH . L.C R .R. 11.1, I conducted a plea hearing in the captioned
case on July 6, 2007, after receiving the written consent of defendant and all counsel. At the hearing, defendant Sean Jason Barry entered a plea of guilty to the Felony Information, charging defendant with possession of images engaging in sexually explicit conduct in violation of 18 U.S.C. §§ 2252(a)(4)(B) and (b)(2), in exchange for the undertakings made by the government in the written plea agreement. On the basis of the record made at the hearing, I find that defendant is fully capable and competent to enter an informed plea; that the plea is made knowingly and with full understanding of each of the rights waived by defendant; that it is made voluntarily and free from any force, threats, or promises, apart from the promises in the plea agreement; that the defendant understands the nature of the charge and penalties provided by law; and that the plea has a sufficient basis in fact.
Case 1:06-cr-00057-PLM ECF No. 65 filed 07/10/07 PageID.131 Page 2 of 2
I therefore recommend that defendant's plea of guilty to the Felony Information be accepted, that the court adjudicate defendant guilty, and that the written plea agreement be considered for acceptance at the time of sentencing. Acceptance of the plea, adjudication of guilt, acceptance of the plea agreement, and imposition of sentence are specifically reserved for the district judge. The clerk is directed to procure a transcript of the plea hearing for review by the District Judge.
Date: July 10, 2007 /s/ Ellen S. Carmody ELLEN S. CARMODY United States Magistrate Judge NOTICE TO PARTIES You have the right to de novo review of the foregoing findings by the district judge.
Any application for review must be in writing, must specify the portions of the findings or proceed- ings objected to, and must be filed and served no later than ten days after the plea hearing. See W.D. M ICH . L.C R .R. 11.1(d).
- 2 -