IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
March 2, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
RYAN W. ASSELIN, DEFENDANT.
The opinion of the court was delivered by: Herndon, Chief Judge
This matter was referred to United States Magistrate Judge Donald J. Wilkerson for the specific purpose of conducting a change of plea for Defendant Asselin, pursuant to 28 U.S.C. § 636, LOCAL RULE 72.1(b)(2) and Defendant Asselin's consent (Doc. 30). Pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11, the change of plea hearing was held on February 10, 2010 (Doc. 29). During the change of plea, Defendant Asselin plead guilty to Count 1 of the Indictment, distribution of heroin, resulting in death, following a thorough colloquy with Judge Wilkerson. Thereafter, Judge Proud issued a Report and Recommendation ("the Report") recommending that the Court accept Defendant Asselin's plea of guilty (Doc. 33).
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. Ryan W. Asselin, that Defendant Asselin 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 Asselin's guilty plea and ADJUDGES him GUILTY on Count 1 of the Indictment. The Court REMINDS the parties that this matter for sentencing on May 14, 2010 at 2:30 p.m.
IT IS SO ORDERED.
David R Herdon Chief Judge United States District Court
© 1992-2010 VersusLaw Inc.