Order Adopting Report and Recommendation — United States v. Bagbi (Dkt. 41, D. Idaho)

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An order adopting the report and recommendation of the magistrate judge (Dkt. 39) in United States v. Anubor J. Bagbi, Case No. 1:23-cr-00045-AKB-1, in the U.S. District Court for the District of Idaho, filed October 6, 2023 as Document 41. It recites that the defendant appeared on September 21, 2023 and entered pleas of guilty that were knowing and voluntary and supported by a factual basis. The court accepts the guilty pleas and finds Bagbi guilty of the crimes charged in Counts Three and Six of the Indictment (Dkt. 1).

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Case 1:23-cr-00045-AKB Document 41 Filed 10/06/23 Page 1 of 2




                             UNITED STATES DISTRICT COURT

                               FOR THE DISTRICT OF IDAHO

UNITED STATES OF AMERICA,                         Case No. 1:23-cr-00045-AKB-1

               Plaintiff,                         ORDER ADOPTING REPORT AND
                                                  RECOMMENDATION
       v.

ANUBOR J. BAGBI,

               Defendant.


       Before the Court is a Report and Recommendation filed by the United States Magistrate

Judge. (Dkt. 39). On September 21, 2023, Defendant appeared before the Magistrate Judge to

enter a change of plea pursuant to a written Plea Agreement. The Magistrate Judge conducted the

plea hearing and concluded there is a factual basis for Defendant’s admission to forfeiture and

pleas of guilty to the charges contained in Counts Three and Six of the Indictment (Dkt. 1), and

that they were entered voluntarily and with full knowledge of the consequences. No objections to

the Report and Recommendation have been filed.

       The Court now has reviewed the record and finds that the requirements of Rule 11 have

been met. See United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003). Specifically, the

Court finds that the Magistrate Judge adhered to the requirements of Rule 11(b); that under

Rule 11(b)(2), the Defendant’s pleas were voluntary and not the result of force or threats or

promises apart from the plea agreement; and that a factual basis for the pleas exists. See id.

Accordingly,

       NOW THEREFORE IT IS HEREBY ORDERED that the Report and Recommendation

(Dkt. 39) shall be, and the same is hereby, ADOPTED as the decision of the District Court and

incorporated fully herein by reference.


ORDER ADOPTING REPORT AND RECOMMENDATION - 1

          Case 1:23-cr-00045-AKB Document 41 Filed 10/06/23 Page 2 of 2




       IT IS FURTHER ORDERED that the Defendant’s pleas of guilty to the crimes charged in

Counts Three and Six of the Indictment (Dkt. 1) shall be, and the same are hereby, ACCEPTED

by the Court as knowing and voluntary pleas supported by an independent basis in fact containing

each of the essential elements of the offense.

       IT IS FURTHER ORDERED that Defendant is found GUILTY as to the applicable crimes

charged in Counts Three and Six of the Indictment. (Dkt. 1).


                                                                         October 06, 2023




ORDER ADOPTING REPORT AND RECOMMENDATION - 2

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