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United States v. Travis

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


April 6, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MARZELL TRAVIS, 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 Travis, pursuant to 28 U.S.C. § 636, LOCAL RULE 72.1(b)(2) and Defendant Travis' consent (Doc. 27). Pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11, the change of plea hearing was held on March 16, 2010 (Doc. 28). During the change of plea, Defendant Travis pleaded guilty to Count 1 of the Indictment, possession with the intent to distribute cocaine base within 1000 feet of a housing facility owned by a public housing authority and to Count 2 of the Indictment, possession of a stolen motor vehicle, following a thorough colloquy with Judge Proud. Thereafter, Judge Proud issued a Report and Recommendation ("the Report") recommending that the Court accept Defendant Travis' plea of guilty (Doc. 31).

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. Marzell Travis, that Defendant Travis 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 offenses. Accordingly, the Court ACCEPTS Defendant Travis' guilty plea and ADJUDGES him GUILTY on Counts 1 and 2 of the Indictment. The Court REMINDS the parties that this matter for sentencing on July 9, 2010 at 9:00 a.m.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court

20100406

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