1:10-cr-20262 | E.D. Mich. | Mar 16, 2011
1:10-cr-20262-TLL-CEB Doc # 36 Filed 03/16/11 Pg 1 of 3 Pg ID 145
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff, CASE NO: 10-20262-01
v. DISTRICT JUDGE THOMAS L. LUDINGTON
MAGISTRATE JUDGE CHARLES E. BINDER
BOBBY JASON JOHNSON,
Defendant.
/
MAGISTRATE JUDGE’S REPORT, FINDINGS AND
RECOMMENDATION CONCERNING PLEA OF GUILTY
I. REPORT AND FINDINGS
This case was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §§
636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties, Defendant’s
offer of a plea of guilty. Defendant, along with counsel, appeared before me on . In open
court, I examined Defendant under oath, confirmed Defendant’s consent, and then advised and
questioned Defendant regarding each of the inquiries prescribed by Rule 11(b) of the Federal
Rules of Criminal Procedure.
Based upon Defendant’s answers and demeanor, I HEREBY FIND: (1) that Defendant
is competent to tender a plea; (2) that Defendant’s plea was knowingly, intelligently made; and
(3) that the offense to which Defendant pleaded guilty is supported by an independent basis in
fact containing each of the essential elements of the offense. Therefore, I have ordered the
preparation of a presentence investigation report.
1:10-cr-20262-TLL-CEB Doc # 36 Filed 03/16/11 Pg 2 of 3 Pg ID 146
II. RECOMMENDATION
For the reasons set forth above, IT IS RECOMMENDED that, subject to the Court’s
consideration of the plea agreement pursuant to Rule 11(c) of the Federal Rules of Criminal
Procedure, Defendant’s plea be accepted, Defendant be adjudged guilty, and the Court impose
sentence.
III. REVIEW
Pursuant to Rule 72(b)(2) of the Federal Rules of Civil Procedure, “[w]ithin 14 days
after being served with a copy of the recommended disposition, a party may serve and file
specific written objections to the proposed findings and recommendations. A party may
respond to another party’s objections within 14 days after being served with a copy.”
FED.R.CIV.P. 72(B)(2). See also 28 U.S.C. § 636(b)(1). Failure to file specific objections
constitutes a waiver of any further right of appeal. Thomas v. Arn, 474 U.S. 140" date_filed="1986-01-27" court="SCOTUS" case_name="Thomas v. Arn">474 U.S. 140, 106 S. Ct.
466, 88 L. Ed. 2d 435" date_filed="1986-01-27" court="SCOTUS" case_name="Thomas v. Arn">88 L. Ed.2d 435 (1985); Howard v. Sec’y of Health & Human Servs., 932 F.2d 505" date_filed="1991-05-06" court="6th Cir." case_name="Eloise HOWARD, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee">932 F.2d 505 (6th
Cir. 1991); 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). The parties are advised that
making some objections, but failing to raise others, will not preserve all the objections a party
may have to this Report and Recommendation. Willis v. Sec’y of Health & Human Servs., 931
F.2d 390, 401 (6th Cir. 1991); Smith v Detroit Fed’n of Teachers Local 231, 829 F.2d 1370" date_filed="1987-09-29" court="6th Cir." case_name="Ernest Smith Sam Eliowitz Albert Rosen Robert Sheldon Jan Sklenar Joseph Soltesz Cecelia Stoll v. Detroit Federation of Teachers">829 F.2d 1370,
1373 (6th Cir. 1987). Pursuant to E.D. Mich. LR 72.1(d)(2), a copy of any objections is to be
served upon this Magistrate Judge.
C
s/ harles`EB inder
CHARLES E. BINDER
Dated: March 16, 2011 United States Magistrate Judge
2
1:10-cr-20262-TLL-CEB Doc # 36 Filed 03/16/11 Pg 3 of 3 Pg ID 147
CERTIFICATION
I hereby certify that this Report and Recommendation was electronically filed this date,
electronically served on Roy Kranz and Steve Jacobs, and served on District Judge
Ludington in the traditional manner.
Date: March 16, 2011 By s/Jean L. Broucek
Case Manager to Magistrate Judge Binder
3