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United States v. Haun

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


January 8, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
THOMAS C. HAUN, 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 Haun, pursuant to 28 U.S.C. § 636, LOCAL RULE 72.1(b)(2) and Defendant Haun's consent (Docs. 35, 37 & 38). Pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11, the change of plea hearing was held on January 6, 2010 (Doc. 36). During the change of plea, Defendant Haun plead guilty to Count 1 of the Indictment, possession of child pornography in violation of 18 U.S.C. § 2256(8)(A), and conceded that the Government could prove all of the elements for the forfeiture of the property sought in Count 2, following a thorough colloquy with Judge Proud. Thereafter, Judge Proud issued a Report and Recommendation ("the Report") recommending that the Court accept Defendant Haun's plea of guilty (Doc. 39).

In accordance with 28 U.S.C. § 636(b)(1)(B), the parties were allowed time to file written objections. On January 7, 2010 , Haun filed a response stating that he does not object to the Report (Doc. 40). Therefore, the Court ADOPTS the Report in its entirety.

Thus, it is the finding of the Court in the case of United States v. Thomas Haun, that Defendant Haun 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. Furthermore, the Court has examined the plea agreement, the presentence report and the entire record of this case and is willing to be bound by the negotiated terms of said plea agreement. Accordingly, the Court ACCEPTS Defendant Haun's guilty plea and ADJUDGES him GUILTY on Count 1 of the Indictment and FINDS that he conceded that the Government could prove all the elements for forfeiture of the property sought in Count 2 and has accordingly agreed to the entry of a forfeiture order in due course. The Court SETS this matter for sentencing on at January 20, 2010 at 10:00 a.m.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20100108

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