*1 Case 3:15-cr-00012-REP Document 91 Filed 03/24/15 Page 1 of 4 PageID# 240
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION UNITED STATES OF AMERICA, CRIMINAL CASE NO. 3:15-CR-00012-001 v. JOHN POLHILL,
Defendant. REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE This matter is before the Court pursuant to Title 28 U.S.C. § 636(b)(1)(B) and (b)(3) upon the Defendant's request to enter a plea of guilty pursuant to Fed. R. Crim. P. 11 and a written plea agreement that has been entered into by the United States and the Defendant. The matter was presentedto the Court upon the written consent of the Defendant and counsel for the Defendantto proceed before a United States Magistrate Judge, said consent including the Defendant's understanding that he consented not only to having the Magistrate Judge conduct the hearing, but also to having the Magistrate Judge make necessary findings and accept any guilty plea as may be entered that could not be withdrawn except for a fair and just reason.
The Defendant pled guilty to Counts ONE (1) and TWO (2) of the Superseding Indictment in open court and pursuant to a Rule 11 inquiry. Upon consideration of the responses and statements made by the Defendant under oath, on the record, and based upon the written plea agreement and statement of facts presented, the Court makes the following findings:
1. That the Defendant is competent to enter a plea of guilty; 2. That the Defendant understands the nature of the charge against him to which his
plea is offered;