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United States v. Hopkins

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


September 1, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TOMMIE LEE HOPKINS, 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 Hopkins, pursuant to 28 U.S.C. § 636, LOCAL RULE 72.1(b)(2) and Defendant Hopkins' consent (Doc. 42). Pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11, the change of plea hearing was held on August 12, 2009 (Doc. 38). During the change of plea, Defendant Hopkins plead 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 Hopkins' plea of guilty (Doc. 40). 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. Tommie Lee Hopkins that Defendant Hopkins 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 offense. Accordingly, the Court ACCEPTS Defendant Hopkins' 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 November 20, 2009 at 10:00 a.m.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20090901

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