United States v. Kirk

3:11-cr-00073 | S.D. Iowa | Oct 24, 2011

UNITED STATES DISTRICT COURT soUTHERN DISTRICT oF IoWA HECE|VED 0 UNITED STATES OF AMERICA, ) C CT 2 4 20" ) LERK U.S. DlSTRlCT COUR Piaintiff, ) S°U"*E NDlSm:croHow¢l ) vs. ) Case No. 3:ll - cr - 00073 ) ) ELDONTE LAMAR KIRK, ) ) Defendant. ) REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY The United States of America and the defendant, having both filed a Written consent, appeared before me pursuant to Rule ll, Fed. R. Crim. P. and L. Cr. R. ll. The defendant entered a plea of guilty to Count(s) l M ?/ of the Indictment/Irrhsaqation. After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule ll, l determined that the guilty plea(s) wis/were knowing and voluntary as to each count, and that the offense(s) charged §/are supported by an independent factual basis concerning each of the essential elements of such offense(s). I, therefore, recommend that the plea(s) of guilty be accepted, that a pre-sentence investigation and report be prepared, and that the defendant be adjudged guilty and have sentence imposed accordingly. calvin 145 lou V\l/Y/’ Date THOMAS IE S S UNITED S AGISTRATE JUDGE MY Failure to file Written objections to this Report and Recommendation Within fourteen (l4) days from the date of its service shall bar an aggrieved party from attacking such Report and Recommendation before the assigned United States District Judge. 28 U.S.C. 63 6(b)(l)(B).