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United States v. Carroll

United States District Court, Seventh Circuit

May 30, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
GREGGORY L. CARROLL, Defendant.

ORDER

DAVID R. HERNDON, Chief District 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 Carroll, pursuant to 28 U.S.C. § 636 and Local Rule 72.1(b)(2) (Doc. 31). Pursuant to Federal Rule of Criminal Procedure 11, the change of plea hearing was held on April 22, 2013 (Doc. 30). During the change of plea, defendant Carroll pled guilty to Count 1 of the Indictment, Theft of U.S. Mail, following a thorough colloquy with Judge Proud. Thereafter, Judge Proud issued a Report and Recommendation ("the Report") recommending that the Court adopt defendant's plea of guilty (Doc. 34).

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, based on the record in the case, the recommendation of the Magistrate Judge, the consent of the defendant to plead before the magistrate without subsequent objection, it is the finding of the Court in the case of United States v. Carroll, that defendant Carroll was fully competent and capable of entering an informed plea, that defendant Carroll was aware of the nature of the charge 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 the guilty plea and ADJUDGES Carroll guilty on Count I of his Indictment. The Court REMINDS the parties that this matter is set for sentencing on August 16, 2013 at 10:00 a.m.

IT IS SO ORDERED.


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