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United States v. Gatlin

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


February 26, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LUKE T. GATLIN, DEFENDANT.

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

ORDER

This matter was referred to United States Magistrate Judge Donald G. Wilkerson for the specific purpose of conducting a change of plea for Defendant Luke T. Gatlin, pursuant to 28 U.S.C. § 636, LOCAL RULE 72.1(b)(2) and Defendant Gatlin's consent (Doc. 21). Pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11, the change of plea hearing was held on February 8, 2010 (Doc. 20). During the change of plea, Defendant plead guilty to Count 1 of the Superseding Indictment following a thorough colloquy with Judge Wilkerson. Thereafter, Judge Wilkerson issued a Report and Recommendation ("the Report") recommending that the Court accept Defendant's plea of guilty (Doc. 24). In accordance with 28 U.S.C. § 636(b)(1)(B), the parties were allowed fourteen (14) 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. Luke T. Gatlin, that Defendant Gatlin 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 Gatlin's guilty plea and ADJUDGES him GUILTY on Count 1 of the Superseding Indictment. The Court REMINDS the parties that the sentencing is set for May 14, 2010 at 1:30 p.m.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court

20100226

© 1992-2010 VersusLaw Inc.



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