Order — United States v. Simmons (Dkt. 24, N.D. Ohio)

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An order by United States District Judge Benita Y. Pearson in United States of America v. Brian L. Simmons, Case No. 4:25-CR-571, in the U.S. District Court for the Northern District of Ohio, Eastern Division, dated February 19, 2026. It addresses Magistrate Judge Carmen E. Henderson's report and recommendation (ECF No. 21) that the Court accept the defendant's guilty plea. It recites that the November 20, 2025 Indictment (ECF No. 1) alleges violations of 18 U.S.C. § 922(g)(1) and 21 U.S.C. § 841(a)(1), (b)(1)(C), and that at a February 4, 2026 hearing the defendant consented to the referral and pleaded guilty. The order adopts the report and adjudges Simmons guilty of Counts 1, 2, 3, and 4: possession of a firearm or ammunition by a convicted felon and distribution of a controlled substance.

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Case: 4:25-cr-00571-BYP Doc #: 24 Filed: 02/19/26 1 of 3. PageID #: 114




 PEARSON, J.

                              UNITED STATES DISTRICT COURT
                               NORTHERN DISTRICT OF OHIO
                                    EASTERN DIVISION


 UNITED STATES OF AMERICA,                        )
                                                  )     CASE NO. 4:25-CR-571
                Plaintiff,                        )
                                                  )
                v.                                )     JUDGE BENITA Y. PEARSON
                                                  )
 BRIAN L. SIMMONS,                                )
                                                  )
                Defendant.                        )     ORDER



        This matter is before the Court upon Magistrate Judge Carmen E. Henderson’s Report

 and Recommendation (“R&R”) that the Court accept Defendant Brian L. Simmons’

 (“Defendant”) plea of guilty and enter a finding of guilty against Defendant. ECF No. 21.

        On November 20, 2025, the Government filed an Indictment against Defendant alleging

 violations of 18 U.S.C. § 922(g)(1) and 21 U.S.C. § 841(a)(1), (b)(1)(C), felon in possession of

 firearm and distribution of controlled substances. ECF No. 1. Thereafter, Defendant notified the

 Court of Defendant’s intent to enter a plea of guilty. ECF No. 18. The Court issued an Order

 referring the matter to the United States Magistrate Judge for the purpose of receiving

 Defendant’s guilty plea. ECF No. 19.

        On February 4, 2026, Magistrate Judge Henderson held a hearing during which

 Defendant consented to the order of referral (ECF No. 20) and entered a plea of guilty to Counts

 1, 2, 3, and 4 of the Indictment. Magistrate Judge Henderson received Defendant’s guilty plea,

 and issued a Report recommending that this Court accept Defendant Brian L. Simmons’ plea and

Case: 4:25-cr-00571-BYP Doc #: 24 Filed: 02/19/26 2 of 3. PageID #: 115




 (4:25-CR-571)


 enter a finding of guilty. ECF No. 21.

         The time limitation to file objections to the Magistrate Judge’s Report and

 Recommendation has expired and neither party has filed objections or requested an extension of

 time.

         Fed. R. Crim. P. 11(b) states:

         Before the court accepts a plea of guilty or nolo contendere, the defendant may be
         placed under oath, and the court must address the defendant personally in open
         court. During this address, the court must inform the defendant of, and determine
         that the defendant understands, the following: (A) the government’s right, in a
         prosecution for perjury or false statement, to use against the defendant any
         statement that the defendant gives under oath; (B) the right to plead not guilty, or
         having already so pleaded, to persist in that plea; (C) the right to a jury trial; (D)
         the right to be represented by counsel - and if necessary have the court appoint
         counsel - at trial and at every other stage of the proceeding; (E) the right at trial to
         confront and cross-examine adverse witnesses, to be protected from compelled
         self-incrimination, to testify and present evidence, and to compel the attendance of
         witnesses; (F) the defendant’s waiver of these trial rights if the court accepts a
         plea of guilty or nolo contendere; (G) the nature of each charge to which the
         defendant is pleading; (H) any maximum possible penalty, including
         imprisonment, fine, and term of supervised release; (I) any mandatory minimum
         penalty; (J) any applicable forfeiture; (K) the court’s authority to order restitution;
         (L) the court’s obligation to impose a special assessment; (M) in determining a
         sentence, the court’s obligation to calculate the applicable sentencing-guideline
         range and to consider that range, possible departures under the Sentencing
         Guidelines, and other sentencing factors under 18 U.S.C. §3553(a); and (N) the
         terms of any plea-agreement provision waiving the right to appeal or to
         collaterally attack the sentence.

         The undersigned has reviewed the transcript and the Magistrate Judge’s R&R and finds,

 that in her careful and thorough proceeding, Magistrate Judge Henderson satisfied the

 requirements of Fed. R. Crim. P. 11 and the United States Constitution. Defendant was placed

 under oath and determined to be competent to enter a plea of guilty. Defendant was made aware


                                           -2-

Case: 4:25-cr-00571-BYP Doc #: 24 Filed: 02/19/26 3 of 3. PageID #: 116




 (4:25-CR-571)


 of the charges and consequences of conviction and his rights and waiver thereof. Magistrate

 Judge Henderson also correctly determined that Defendant had consented to proceed before the

 magistrate judge and tendered his plea of guilty knowingly, intelligently and voluntarily.

 Furthermore, the magistrate judge also correctly found that there was an adequate factual basis

 for the plea.

         Upon de novo review of the record, the Report and Recommendation is adopted.

 Therefore, Defendant Brian L. Simmons is adjudged guilty of Counts 1, 2, 3, and 4 of the

 Indictment, possession of firearm/ammunition by convicted felon and distribution of a controlled

 substance, in violation of 18 U.S.C. § 922(g)(1) and 21 U.S.C. § 841(a)(1), respectively.



         IT IS SO ORDERED.


    February 19, 2026                          /s/ Benita Y. Pearson
 Date                                          Benita Y. Pearson
                                               United States District Judge




                                         -3-

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