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United States v. Wilmoth

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


February 3, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BILL L. WILMOTH, III, 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 Wilmoth, pursuant to 28 U.S.C. § 636, LOCAL RULE 72.1(b)(2) and Defendant Wilmoth's consent (Doc. 24). Pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11, the change of plea hearing was held on January 14, 2010 (Docs. 25 & 27). During the change of plea, Defendant Wilmoth plead guilty to Counts 1 & 2 of the Indictment, possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) and § 2, following a thorough colloquy with Judge Proud. Thereafter, Judge Proud issued a Report and Recommendation ("the Report") recommending that the Court accept Defendant Wilmoth's plea of guilty (Doc. 26).

In accordance with 28 U.S.C. § 636(b)(1)(B), the parties were allowed fourteen days to file written objections. As of this date, neither party has filed an objection. Therefore, the Court ADOPTS the Report in its entirety. Thus, it is the finding of the Court in the case of United States v. Bill L. Wilmoth, III, that Defendant Wilmoth 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 Wilmoth's guilty plea and ADJUDGES him GUILTY on Counts 1 & 2 of the Indictment. The Court REMINDS the parties that this matter for sentencing on April 20, 2010 at 9:30 a.m.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20100203

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