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United States v. Gabrail

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


April 6, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
FIAZ VOUHANNA GABRAIL, DEFENDANT.

The opinion of the court was delivered by: David R Herndon Chief Judge United States District Court

ORDER

HERNDON, Chief Judge

This matter was referred to United States Magistrate Judge Clifford J. Proud for the specific purpose of conducting a change of plea for Defendant Fiaz Vouhanna Gabrail, pursuant to 28 U.S.C. § 636, LOCAL RULE 72.1(b)(2) and Defendant Gabrail's consent (Doc. 24). Pursuant toFEDERAL RULE OF CRIMINAL PROCEDURE 11, the change of plea hearing was held on March 16, 2010 (Doc. 25). During the change of plea, Defendant plead guilty to Count 1 of the Indictment following a thorough colloquy with Judge Proud. Thereafter, Judge Proud issued a Report and Recommendation ("the Report") recommending that the Court accept Defendant's plea of guilty and concession of forfeiture of property related to Count 1 (Doc. 27). 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. Fiaz Vouhanna Gabrail, that Defendant Gabrail 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. Further, the Court finds that he knowingly and intelligently conceded the forfeiture of the property enumerated in Count 1. Accordingly, the Court ACCEPTS Defendant Gabrail's guilty plea and ADJUDGES him GUILTY on Count 1 of the Indictment. The Court further ACCEPTS the concession of forfeiture. The Court REMINDS the parties that the sentencing is set for July 2, 2010 at 1:30 p.m.

IT IS SO ORDERED.

Signed this 6th day of April, 2010.

20100406

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