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United States v. Davis

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


March 24, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RICO M. DAVIS, 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 hearing for defendant Rico M. Davis, pursuant to 28 U.S.C. § 636, SDIL-LR 72.1(b)(2), with the Parties' consent. The change of plea hearing was held on March 5, 2010 (Doc. 23) pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11, during which defendant Davis plead guilty to Counts 1, 2 and 3 and conceded the forfeiture of the property enumerated in Count 4 of the Indictment, following a thorough colloquy with Judge Proud. A Report and Recommendation ("R&R") (Doc. 27) was issued, recommending the Court accept Defendant's plea of guilty. In accordance with 28 U.S.C. § 636(b)(1)(B), the Parties were allowed fourteen (14) days from the issuance of the R&R to file written objections thereto.

Neither Party filed timely objections. Therefore, the Court ADOPTS the R&R (Doc. 27) in its entirety.

The Court finds that Defendant is fully competent and capable of entering an informed plea, that Defendant is aware of the nature of the charges and the consequences of the plea, and that the plea of guilty is a knowing and voluntary plea supported by an independent basis in fact containing each of the essential elements of the offense.

Furthermore, the Court acknowledges that the Defendant agreed to forfeit the property described in Count 4 of the Indictment and said property will be so forfeited and judgment entered accordingly.

Accordingly, the Court ACCEPTS defendant Rico M. Davis' guilty plea and ADJUDGES him GUILTY of Counts 1, 2 and 3 of the Indictment (Doc. 1) and ORDERS his FORFEITURE of property as enumerated in Count 4 of the Indictment (Doc. 1). The United States Probation Office is DIRECTED to prepare a presentence investigation report. The SENTENCING HEARING for defendant James E. Kempfer remains scheduled for June 11, 2010 at 10:00 a.m.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court

20100324

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