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United States v. Curry

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


July 27, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JACK CURRY, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

This matter was referred to United States Magistrate Judge Clifford J. Proud for the specific purpose of conducting a change of plea for Defendant Curry, pursuant to 28 U.S.C. § 636, LOCAL RULE 72.1(b)(2) and Defendant Curry's consent (Doc. 54). Pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11, the change of plea hearing was held on July 2, 2009 (Doc. 53). During the change of plea, Defendant Curry pled guilty to Counts 1 and 2 of the Indictment following a thorough colloquy with Judge Proud. Thereafter, Judge Proud issued a Report and Recommendation ("the Report") recommending that the Court accept Defendant Curry's plea of guilty (Doc. 57). In accordance with 28 U.S.C. § 636(b)(1)(B), the parties were allowed ten (10) days from the issuance of the Report to file written objections. As of this date, neither party has filed objections. Therefore, the Court ADOPTS the Report in its entirety.

Thus, it is the finding of the Court in the case of United States v. Jack Curry, that Defendant Curry was fully competent and capable of entering an informed plea, that he was aware of the nature of the charges and the consequences of the plea, and that the plea of guilty was a knowing and voluntary plea supported by an independent basis in fact containing each of the essential elements of the offenses. Accordingly, the Court ACCEPTS Defendant Curry's guilty plea and ADJUDGES him GUILTY on Counts 1 and 2 of the Indictment. The Court REMINDS the parties that the sentencing is set for October 9, 2009 at 9:30 a.m.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20090727

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