1:14-cr-00072 | W.D. Mich. | Dec 10, 2014
Case 1:14-cr-00072-PLM ECF No. 234 filed 12/10/14 PageID.1321 Page 1 of 2
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff, Case No. 1:14-CR-72
v. Hon. Paul L. Maloney
KATHLEEN ROSENGREN,
Defendant.
/
REPORT AND RECOMMENDATION
Pursuant to W.D. Mich. LCrR 11.1 and upon a request of the district court, I
conducted a felony plea hearing in this matter on December 10, 2014, after receiving the written
consent of the defendant, the defendant's attorney, and the attorney for the government. These
consents were also placed on the record in open court.
Defendant Kathleen Rosengren is charged in a Superseding Information with
possession with intent to distribute less than 50 kilograms of marijuana. On the basis of the record
made at the hearing, I found that defendant was competent to enter a plea of guilty and that the plea
was knowledgeable and voluntary with a full understanding of each of the rights waived by the
defendant, that the defendant fully understood the nature of the charge and the consequences of the
plea, and that the defendant's plea had a sufficient basis in fact which contained all of the elements
of the offense charged.
I also inquired into the plea agreement. I found the plea agreement to have been
knowingly and voluntarily made and found that it fully reflected all of the promises made by the
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Case 1:14-cr-00072-PLM ECF No. 234 filed 12/10/14 PageID.1322 Page 2 of 2
parties.
Accordingly, I accepted the plea of guilty, subject to final acceptance of the plea by
the District Judge, and I specifically reserved acceptance of the plea agreement for the District
Judge. I ordered the preparation of a presentence investigation report.
Recommendation
Based upon the foregoing, I respectfully recommend that the defendant's plea of
guilty to the Superseding Information be accepted, that the court adjudicate the defendant guilty of
that charge, and that the written plea agreement be accepted at, or before, the time of sentencing.
Dated: December 10, 2014 /s/ Hugh W. Brenneman, Jr.
HUGH W. BRENNEMAN, JR.
United States Magistrate Judge
NOTICE TO PARTIES
You have the right to de novo review by the district judge of the foregoing findings.
Any application for review must be in writing, must specify the portions of the findings or
proceedings objected to, and must be filed and served no later than fourteen (l4) days after the plea
hearing. See W.D. Mich. LCrR 11.1(b). 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" date_filed="1997-09-04" court="6th Cir." case_name="David Neuman v. Jessie Rivers">125 F.3d 315, 322-23 (6th Cir.), cert. denied, 522 U.S. 1030" date_filed="1997-12-15" court="SCOTUS" case_name="Murphy v. Workers' Compensation Appeals Board of California">522 U.S. 1030
(1997); United States v. Walters, 638 F.2d 947" date_filed="1981-01-20" court="6th Cir." case_name="United States v. W. R. Walters, United States of America v. Two Hundred Sixty-Two Firearms">638 F.2d 947 (6th Cir. 1981).
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