Magistrate Judge’s Report and Recommendation Following Change of Plea Hearing — United States v. Bain (Dkt. 31, S.D. Fla.)

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A magistrate judge's report and recommendation following a change of plea hearing in United States v. Yashica Sherea Bain, Case No. 21-cr-60200, in the U.S. District Court for the Southern District of Florida, entered September 30, 2021 as Document 31 and signed by United States Magistrate Judge William Matthewman at West Palm Beach. It states that Bain, with the advice of counsel, pled guilty to the information charging conspiracy under Title 18, United States Code, 371, and acknowledged the written and oral factual proffers as true. The hearing was conducted by video teleconference. The magistrate judge finds the plea knowing and voluntary, recommends that it be accepted and that Bain be adjudicated guilty, and notes the referral to the U.S. Probation Office for a presentence report.

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Case 0:21-cr-60200-DMM Document 31 Entered on FLSD Docket 09/30/2021 Page 1 of 4




                             UNITED STATES DISTRICT COURT
                             SOUTHERN DISTRICT OF FLORIDA

                        Case No. 21-cr-60200-Middlebrooks/Matthewman

   UNITED STATES OF AMERICA,
                                                                                KJZ
   v.

   YASHICA SHEREA BAIN,                                               Sep 30, 2021
         Defendant.
   ______________________________/                                                  West Palm Beach



              MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
                    FOLLOWING CHANGE OF PLEA HEARING

          THIS CAUSE is before the Court upon Order of Reference from U.S. District Judge

   Donald M. Middlebrooks, DE 27, and the consent of the parties for a U.S. Magistrate Judge to

   conduct the change of plea hearing and accept a guilty plea for Defendant, Yashica Sherea Bain

   (“Defendant”). The Court held a change of plea hearing via Zoom videoconference on

   September 30, 2021, which was attended by Defendant, her counsel Larry Robert Handfield,

   Esq., and Assistant U.S. Attorney Shannon Shaw (on behalf of AUSA Yisel Valdes, Esq.). The

   Court hereby advises as follows:

          The Court advised Defendant of her right to have the hearing conducted by the presiding

   U.S. District Judge assigned to the case. The Court further advised Defendant that the

   undersigned U.S. Magistrate Judge was conducting the change of plea hearing and taking

   Defendant’s plea of guilty by Order of Reference from the U.S. District Judge and as agreed to

   by Defendant, Defendant’s attorney, and the Assistant United States Attorney. The Court

   further advised Defendant that her sentence would be imposed by the presiding U.S. District

Case 0:21-cr-60200-DMM Document 31 Entered on FLSD Docket 09/30/2021 Page 2 of 4




   Judge, who would make all findings and rulings regarding such sentence and would conduct a

   sentencing hearing at a time set by the U.S. District Judge.

          1.       The Court advised Defendant that she did not have to consent to the undersigned

   conducting this hearing or taking her guilty plea and could require that the change of plea

   hearing be conducted by the U.S. District Judge. Defendant, Defendant’s attorney, and the

   Assistant United States Attorney all agreed on the record and consented to this Court conducting

   the change of plea hearing and taking Defendant’s guilty plea.

          2.       The Court then conducted a plea colloquy in accordance with the outline set

   forth in the Bench Book for U.S. District Judges and in conformity with the requirements of

   Federal Rule of Criminal Procedure 11.

          3.       A written plea agreement has been entered into by the parties in this case [DE

   29]. This Court reviewed the plea agreement and had the Defendant acknowledge that she had

   reviewed and signed the plea agreement. This Court also made certain that Defendant was

   aware of any maximum sentences which could be imposed in this case pursuant to the plea

   agreement, sentencing guidelines, and applicable statutes.

          4.       Defendant acknowledged that she was fully satisfied with the services of her

   attorney, Mr. Handfield, and that she had full opportunity to discuss all facets of her case with

   her attorney.

          5.       Defendant knowingly and voluntarily with the advice of competent counsel pled

   guilty to the Information, which charges Defendant with conspiracy to commit wire fraud, in

   violation of Title 18, United States Code, 371.

          6.       The parties filed a Plea Agreement [DE 29] and Factual Proffer [DE 30], made

   part of the record and both signed by Defendant, defense counsel, and the Government. The


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Case 0:21-cr-60200-DMM Document 31 Entered on FLSD Docket 09/30/2021 Page 3 of 4




   Plea Agreement and Factual Proffer, as orally supplemented by the prosecutor at the change of

   plea hearing, include all of the essential elements of and factual support for the offense to which

   Defendant pled guilty. Defendant acknowledged that the written proffer and oral proffer were

   true and correct.

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

   a pre-sentence investigation report.

          Accordingly, based upon the foregoing and the plea colloquy conducted by this Court,

   the undersigned

          FINDS that Defendant is fully competent and capable to waive her guaranteed right

   to be present, in person at today’s proceeding, and to consent to appear by video

   teleconference at today’s proceeding;

          That Defendant understands the nature of these proceedings and her guaranteed

   right to be present, in person, at this proceeding;

          That Defendant has knowingly and voluntarily waived her guaranteed right to be

   present in the Courtroom for today’s hearing;

          That due to the COVID 19 pandemic and based upon the CARES Act and the

   Administrative Orders of this Court, and in light of Defendant’s fully informed and voluntary

   waiver, the Court finds that today’s plea hearing could not be further delayed without serious

   harm to the interests of justice and therefore this proceeding was held by video

   teleconference; and

          FINDS and RECOMMENDS that Defendant, Yashica Sherea Bain, (1) be found to have

   freely, knowingly, and voluntarily entered a guilty plea to Information (2) that her guilty plea

   be accepted, (3) that she be adjudicated guilty of the offense, and (4) that a sentencing hearing


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Case 0:21-cr-60200-DMM Document 31 Entered on FLSD Docket 09/30/2021 Page 4 of 4




   as scheduled by the U.S. District Judge be conducted for a final disposition of this matter.

   Sentencing is currently set for December 9, 2021 at 11:00 a.m. before the Honorable Donald

   M. Middlebrooks, United States District Judge.

                               NOTICE OF RIGHT TO OBJECT

          The parties shall have fourteen (14) days from the date of being served with a copy of

   this Report and Recommendation within which to file written objections, if any, with United

   States District Judge Donald M. Middlebrooks. Failure to file objections timely shall bar the

   parties from a de novo determination by the District Judge of an issue covered in the Report

   and Recommendation and shall bar the parties from attacking on appeal unobjected-to factual

   and legal conclusions contained in this Report and Recommendation. 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

   (11th Cir. 1989); 11th Cir. R. 3-1 (2016).

          DONE AND RECOMMENDED in Chambers at West Palm Beach, Palm Beach

   County, Florida, this 30th day of September 2021.




                                                              WILLIAM MATTHEWMAN
                                                              United States Magistrate Judge




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