Case Information
*1 Case 1:07-cr-00113-GJQ ECF No. 36 filed 08/16/07 PageID.152 Page 1 of 2 UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
UNITED STATES OF AMERICA, )
) Plaintiff, ) Case No. 1:07-cr-113
) v. ) Honorable Gordon J. Quist
)
BRANDON JASON FLAKES, )
)
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 August 15, 2007, after receiving the written consent of defendant and all counsel. At the hearing, defendant Brandon Jason Flakes entered a plea of guilty to count 1 of the Indictment charging him with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), 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.
I therefore recommend that defendant's plea of guilty to count 1 of the Indictment be accepted, that the court adjudicate defendant guilty of the charge, and that the written plea agreement
Case 1:07-cr-00113-GJQ ECF No. 36 filed 08/16/07 PageID.153 Page 2 of 2 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.
Dated: August 16, 2007 /s/ Joseph G. Scoville U.S. 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). A failure to file timely objections may result in the waiver of any further right to seek appellate review of the plea-taking procedure. See Thomas v. Arn , 474 U.S. 140 (1985); Neuman v. Rivers , 125 F.3d 315, 322-23 (6th Cir.), cert. denied , 522 U.S. 1030 (1997); United States v. Walters , 638 F.2d 947 (6th Cir. 1981).