Report and Recommendation on Guilty Plea — United States v. Chad Brandon Thomas

Summary

Magistrate Judge Cynthia Richardson Wyrick recommends that the district judge accept Chad Brandon Thomas's guilty plea to the one-count Bill of Information in Case No. 2:22-cr-76 (E.D. Tenn.) and adjudicate Chad Brandon Thomas guilty, deferring the decision on whether to accept the plea agreement until sentencing. At the August 8, 2022 plea hearing the defendant waived prosecution by indictment, consented to proceed before the magistrate judge and pleaded guilty under a written plea agreement; the report finds the plea knowing, voluntary and supported by a sufficient basis in fact. With the consent of the United States, the defendant was released on bond with conditions pending sentencing. Any objection had to be filed within fourteen days of the plea hearing.

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Full text

                              UNITED STATES DISTRICT COURT
                             EASTERN DISTRICT OF TENNESSEE
                                    AT GREENEVILLE

 UNITED STATES OF AMERICA                              )
                                                       ) Case No. 2:22-cr-76
                                                       )
 v.                                                    )
                                                       )
                                                       )
 CHAD BRANDON THOMAS                                   )


                              REPORT AND RECOMMENDATION

        Pursuant to 28 U.S.C. § 636(b), I conducted a plea hearing in this case on August 8, 2022.

 At the hearing, Defendant waived his right to prosecution by indictment and consented to

 proceeding via an Information rather than indictment. He then entered a plea of guilty to the one-

 count Bill of Information pursuant to a written plea agreement. I find that Defendant knowingly

 and voluntarily waived both his right to prosecution by indictment and to have a change of plea

 hearing before the district judge, instead consenting for the magistrate judge to hold the hearing.

 On the basis of the record made at the hearing, I find Defendant is capable and competent to enter

 an informed plea; the plea is made knowingly and with full understanding of each of the rights he

 waived by entering a guilty plea; the plea is made voluntarily and free from any force, threats, or

 promises; apart from the promises in the plea agreement; Defendant understands the nature of the

 charge and penalties provided by law; and the plea has a sufficient basis in fact.

        For these reasons, I RECOMMEND that Defendant’s plea of guilty to the Bill of

 Information be accepted and the Court adjudicate him guilty of the charge set forth in the Bill of

 Information. I further RECOMMEND that the decision on whether to accept the plea agreement

 be deferred until sentencing. With the consent of the United States, Defendant has been released




Case 2:22-cr-00076-JRG-CRW            Document 13        Filed 08/09/22      Page 1 of 2    PageID
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 on bond with conditions of release pending sentencing in this matter. The Court notes the parties

 have been advised that acceptance of the plea, adjudication of guilt, acceptance of the amended

 plea agreement, and imposition of sentence are specifically reserved for the district judge.



                                                s/ Cynthia Richardson Wyrick
                                                UNITED STATES MAGISTRATE JUDGE



                                       NOTICE TO PARTIES

         You have the right to de novo review of the foregoing findings by the district judge. Any
 application for review must be in writing, must specify the portions of the findings or proceedings
 objected to, and must be filed and served no later than fourteen days after the plea hearing.
 Failure to file objections within fourteen days constitutes a waiver of any further right to challenge
 the plea of guilty in this matter. See 28 U.S.C. § 636(b).




                                                   2




Case 2:22-cr-00076-JRG-CRW             Document 13        Filed 08/09/22      Page 2 of 2       PageID
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