Report and Recommendation — United States v. Johnson (Dkt. 229, W.D. La.)

Summary

A magistrate judge's report and recommendation signed June 22, 2023 in United States v. Nico Stewart, defendant 06 in Case No. 23-cr-00108-06, in the U.S. District Court for the Western District of Louisiana, Shreveport Division. At the request of District Judge Elizabeth E. Foote and with the defendant's consent, Magistrate Judge Hornsby administered a felony guilty plea under Rule 11 on June 21, 2023, with counsel Joshua Ke'Andre Williams present. The report finds that Stewart was competent and that the guilty plea to Count One of the Indictment was freely and voluntarily entered, and recommends its acceptance.

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Case 5:23-cr-00108-EEF-MLH         Document 229       Filed 06/22/23    Page 1 of 2 PageID #:
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                          UNITED STATES DISTRICT COURT
                          WESTERN DISTRICT OF LOUISIANA
                              SHREVEPORT DIVISION

UNITED STATES OF AMERICA                            CASE NO. 23-cr-00108-06

VERSUS                                              JUDGE ELIZABETH E. FOOTE

NICO STEWART (06)                                   MAGISTRATE JUDGE HORNSBY


                         REPORT AND RECOMMENDATION

        Upon the request of the District Judge, and with the written and oral consent of

 Defendant, this matter came before the undersigned U.S. Magistrate Judge on June 21,

 2023, for administration of a felony guilty plea under Rule 11 of the Federal Rules of

 Criminal Procedure. Defendant was present with counsel, Joshua Ke’Andre Williams.

        After the hearing, it is the finding of the undersigned that: (1) Defendant is fully

 competent to enter this guilty plea; (2) the plea agreement was properly signed and filed;

 (3) Defendant’s guilty plea to Count One of the Indictment was freely and voluntarily

 entered, with a full understanding of the nature of the charge and the maximum penalties;

 (4) Defendant made a knowing and voluntary waiver of the right to a jury trial with the full

 assistance of counsel; and (5) the guilty plea is fully supported by the written factual basis

 for each of the essential elements of the offense. Both the Government and Defendant

 waived their right to object to this Report and Recommendation. Accordingly,

        It is recommended that the District Judge accept the guilty plea of Defendant in

 accordance with the terms of the plea agreement filed in the record of these proceedings,

Case 5:23-cr-00108-EEF-MLH        Document 229         Filed 06/22/23    Page 2 of 2 PageID #:
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 and that Defendant be adjudged guilty of the offense charged in Count One of the

 Indictment.

       It is further recommended that, pursuant to the parties’ waiver of their right to object,

 the District Judge immediately adopt this Report and Recommendation without passage of

 the customary delays.

       THUS DONE AND SIGNED in Shreveport, Louisiana, this 22nd day of June, 2023.




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