Report and Recommendation on Change of Plea — United States v. Dennis (Dkt. 24, S.D. Fla.)

Summary

A report and recommendation on change of plea in United States of America v. Tommy Duwayne Dennis, Case No. 26-CR-60097-DAMIAN, in the U.S. District Court for the Southern District of Florida, submitted at Fort Lauderdale on June 5, 2026. On an order of reference (ECF No. 20) from United States District Judge Melissa Damian, the magistrate judge conducted a change of plea hearing on June 5, 2026, attended by the defendant, Assistant Federal Public Defender Jan Smith and Assistant U.S. Attorney Germaine Corprew. The report describes the advisements given to the defendant, including his right to have the District Judge conduct the proceeding, and recommends that the plea be accepted. A footnote states that the parties agreed to shorten the objection period to 3 days.

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Case 0:26-cr-60097-MD Document 24 Entered on FLSD Docket 06/05/2026 Page 1 of 3




                             UNITED STATES DISTRICT COURT
                             SOUTHERN DISTRICT OF FLORIDA
                              CASE NO. 26-CR-60097-DAMIAN

                                                                                        AT
 UNITED STATES OF AMERICA,

                Plaintiff,                                                    Jun 5, 2026
 vs.
                                                                                           FTL


 TOMMY DUWAYNE DENNIS,

                   Defendant.
 _____________________________/

              REPORT AND RECOMMENDATION ON CHANGE OF PLEA

        THIS CAUSE is before the Court on an Order of Reference (ECF No. 20) from United

 States District Judge Melissa Damian for the purpose of conducting a proceeding for acceptance

 of a guilty plea by Defendant Tommy Duwayne Dennis in the above-referenced case.         On June

 5, 2026, I conducted a Change of Plea hearing, attended by Defendant, his counsel Assistant

 Federal Public Defender Jan Smith, and Assistant U.S. Attorney Germaine Corprew. I hereby

 REPORT and RECOMMEND to the District Court as follows:

        1.      At the outset of the hearing, I advised Defendant of his right to have these

 proceedings conducted by the District Judge assigned to the case.   Further, I advised Defendant

 that I was conducting the Change of Plea hearing on an Order of Reference from the District Judge.

 I further advised Defendant that the District Judge assigned to this case would be the sentencing

 judge and would make all findings and rulings concerning Defendant’s sentence.

        2.      I advised Defendant that he did not have to permit me, a United States Magistrate

 Judge, to conduct this hearing and could request that the Change of Plea hearing be conducted only



                                                 1

Case 0:26-cr-60097-MD Document 24 Entered on FLSD Docket 06/05/2026 Page 2 of 3




 by a United States District Judge. Defendant and the Assistant United States Attorney assigned

 to the case all agreed on the record and consented to me conducting the Change of Plea hearing.

         3.      I conducted a plea colloquy in accordance with the outline set forth in the Bench

 Book for District Judges and Rule 11 of the Federal Rules of Criminal Procedure.

         4.      The Parties have not entered into a written Plea Agreement. I advised Defendant

 of the maximum sentence that could be imposed in this case pursuant to the applicable statute.

 Defendant acknowledged that he understood the possible maximum penalties (including fines,

 supervised release, and special assessments) that could be imposed in this case.

         5.      Defendant pleaded guilty to Count 1 of the Indictment, which charges him with

 bank robbery, in violation of 18 U.S.C. § 2113(a).

         6.      The Parties provided a signed, agreed written factual basis for the entry of the plea

 (ECF No. 22), which includes all the essential elements of the crime to which Defendant is

 pleading guilty and any statutory sentencing enhancements and/or aggravating factors that may be

 applicable (there are none).    Defendant acknowledged on the record that he read and understood

 the written factual proffer, had signed that proffer, agreed that the facts set forth in the proffer were

 true and accurate, and agreed that the proffer included the essential elements of the offense to

 which he is pleading guilty.

         7.      I advised Defendant about the possible immigration and other collateral

 consequences of his guilty plea.

         8.      Defendant expressed satisfaction with his counsel’s representation.

         9.      Defendant has been referred to the U.S. Probation Office for the preparation of a

 pre-sentence investigation report.

         Based on all the foregoing and the plea colloquy, I RECOMMEND that Defendant,

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Case 0:26-cr-60097-MD Document 24 Entered on FLSD Docket 06/05/2026 Page 3 of 3




 Tommy Duwayne Dennis, (1) be found to have freely and voluntarily entered his guilty plea to

 bank robbery, in violation of 18 U.S.C. § 2113(a), (2) that his plea of guilty be accepted, and (3)

 that he be adjudged guilty of this offense. I further recommend that a sentencing hearing be

 conducted for final disposition of this matter.

          The parties will have three (3) days 1 from the date of being served with a copy of this

 Report and Recommendation within which to file written objections, if any, with the Honorable

 Melissa Damian, United States District Judge. If neither party has an objection to this Report

 and Recommendation, the parties shall file a joint notice of non-objection within three (3) days

 from the date of being served with a copy of this Report and Recommendation. Failure to file

 objections timely shall bar the parties from a de novo determination by the District Judge of any

 issue covered in the Report and shall bar the parties from attacking on appeal unobjected-to factual

 and legal conclusions contained therein, except upon grounds of plain error if necessary in the

 interest of justice.   See 28 U.S.C. 636(b)(1); Thomas v. Arn, 474 U.S. 140, 149 (1985); Henley v.

 Johnson, 885 F.2d 790, 794 (1989); 11th Cir. R. 3-1 (2016).

          DONE AND SUBMITTED at Fort Lauderdale, Florida, this 5th day of June, 2026.




 1
     The parties agreed at the hearing to shorten the objection period to 3 days.

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