Report and Recommendation of Magistrate Judge — United States v. Augustin (Dkt. 48, N.D. Ohio)

Summary

A report and recommendation of United States Magistrate Judge Amanda M. Knapp in United States v. Phillip J. Augustin, Case No. 1:21cr805-PAB-2, in the U.S. District Court for the Northern District of Ohio, dated December 14, 2021 (Doc #: 48). Under General Order 99-49 the matter was referred to the magistrate judge, on consent of the parties, to receive the defendant's offer of a guilty plea and conduct the Fed. R. Crim. P. 11 colloquy. The report states that on December 14, 2021 the defendant, with counsel, offered a plea of guilty to Count 1 of the Information under a plea agreement, and it recommends that the plea be accepted and a finding of guilty entered. Objections are due within fourteen days under Fed. R. Crim. P. 59.

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Case: 1:21-cr-00805-PAB Doc #: 48 Filed: 12/14/21 1 of 2. PageID #: 236



                              UNITED STATES DISTRICT COURT
                               NORTHERN DISTRICT OF OHO
                                    EASTERN DIVISION


 UNITED STATES OF AMERICA,                       )        Case No. 1:21cr805-PAB-2
                                                 )
                 Plaintiff,                      )        Judge Pamela A. Barker
                                                 )
         vs.                                     )        REPORT AND RECOMMENDATION
                                                 )        OF MAGISTRATE JUDGE
 PHILLIP J. AUGUSTIN,                            )
                                                 )
                 Defendant.                      )        Magistrate Judge Amanda M. Knapp
                                                 )

         Pursuant to General Order 99-49, this matter having been referred to United States

 Magistrate Judge Amanda M. Knapp for purposes of receiving, on consent of the parties, the

 defendant’s offer of a plea of guilty, conducting the colloquy prescribed by Fed. R. Crim. P. 11,

 causing a verbatim record of the proceedings to be prepared, referring the matter, if appropriate,

 for presentence investigation, and submitting a Magistrate Judge’s Report and Recommendation

 stating whether the plea should be accepted and a finding of guilty entered, the following, along

 with the transcript or other record of the proceedings submitted herewith, constitutes the Magistrate

 Judge’s Report and Recommendation concerning the plea of guilty proffered by the defendant.

         1.      On December 14, 2021, the defendant, accompanied by counsel, proffered a plea

                 of guilty to Count 1 of the Information pursuant to a plea agreement.

         2.      Prior to such proffer, the defendant was examined as to his competency, advised

                 of the charge and the consequences of conviction, informed that the Federal

                 Sentencing Guidelines are advisory and the Court must consider them but the Court

                 may impose any sentence authorized by law, notified of his rights, advised of the

                 rights he was giving up, advised that with limited exceptions, he was waiving his

Case: 1:21-cr-00805-PAB Doc #: 48 Filed: 12/14/21 2 of 2. PageID #: 237



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                right to appeal, and otherwise provided with the information prescribed in Fed. R.

                Crim. P. 11.

        3.      The parties and counsel informed the court about the plea agreement between the

                parties, and the undersigned was advised that, aside from such agreement as

                described or submitted to the court, no other commitments or promises have been

                made by any party, and no other agreements, written or unwritten, have been made

                between the parties.

        4.      The undersigned, having questioned the defendant under oath about the knowing,

                intelligent, and voluntary nature of the plea of guilty, finds that the defendant’s

                plea was offered knowingly, intelligently, and voluntarily.

        5.      The parties provided the undersigned with sufficient information about the charged

                offense(s) and the defendant’s conduct to establish a factual basis for the plea.

        In light of the foregoing and the record submitted herewith, the undersigned finds that the

 defendant’s plea was knowing, intelligent, and voluntary, and that all requirements imposed by the

 United States Constitution and Fed. R. Crim. P. 11 have been satisfied. Therefore, the undersigned

 recommends that the plea of guilty be accepted and a finding of guilty be entered by the Court.

                                                        s/Amanda M. Knapp
                                                        Amanda M. Knapp
                                                        United States Magistrate Judge

 Date: December 14, 2021



        ANY OBJECTIONS to this Report and Recommendation must be filed with the Clerk of

 Court within fourteen (14) days of receipt of this notice. Fed. R. Crim. P. 59. Failure to file

 objections within the specified time constitutes a WAIVER of the right to appeal the Magistrate

 Judge’s recommendation. Id.

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