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Report and Recommendation on Plea of Guilty — United States v. Timothy Scot Swinehart (N.D. Tex., Dkt. 153)

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A Report and Recommendation on Plea of Guilty Before United States Magistrate Judge, Case No. 1:22-CR-00074-H-BU, Document 153, filed 01/05/23, in the U.S. District Court for the Northern District of Texas, Abilene Division. Defendant Timothy Scot Swinehart (7) appeared with counsel before the magistrate judge and pleaded guilty, under a plea bargain agreement with the government, to Count Fourteen of the Fifteen-count Indictment, charging a violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), Possession with Intent to Distribute Heroin. The report recommends that the plea be accepted and states that objections go to the district judge within fourteen (14) days. The signature block names John R. Parker, United States Magistrate Judge, with a signing date of the 5th day of January, 2023.

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“Report and Recommendation on Plea of Guilty — United States v. Timothy Scot Swinehart (N.D. Tex., Dkt. 153).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-22-cr-00074-dkt-153-n-d-tex-b9f1f0f6ef/, SHA-256 8cd3be6064cc482dc8305f3011aa87ed492ab8a9a00bc77d3b9946aa2939746c.

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Case 1:22-cr-00074-H-BU Document153_ Filed 01/05/23. Pagelof2 PagelD 300

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
ABILENE DIVISION

UNITED STATES OF AMERICA §

V. § CASE NO. 1:22-CR-00074-H-BU

TIMOTHY SCOT SWINEHART (7) §

REPORT AND RECOMMENDATION ON PLEA OF GUILTY
BEFORE UNITED STATES MAGISTRATE JUDGE

Defendant, TIMOTHY SCOT SWINEHART (7), by consent and under the authority of
United States v. Dees, 125 F.3d 261 (Sth Cir. 1997), appeared with counsel before the undersigned
United States magistrate judge for the purpose of entering a plea of guilty under Rule 11 of the
Federal Rules of Criminal Procedure.

Defendant was placed under oath and personally examined in open court by the
undersigned concerning the subjects in Rule 11(b)(1) and the undersigned determined that
Defendant understood each subject.

Defendant pleaded guilty, under a plea bargain agreement with the government, to Count
Fourteen of the Fifteen-count Indictment charging Defendant with a violation of 21 U.S.C. §§
841(a)(1), 841(b)(1)(C) Possession with Intent to Distribute Heroin. After examining Defendant
under oath, the undersigned magistrate judge finds the following:

1. Defendant, upon advice of counsel, has consented orally and in writing to enter this

guilty plea before a magistrate judge subject to final approval and sentencing by the

presiding district judge;

2. Defendant fully understands the nature of the charges, including each essential
element of the offense(s) charged, and the associated penalties;

3. Defendant fully understands the terms of the plea agreement and plea agreement
supplement;
Case 1:22-cr-00074-H-BU Document153 Filed 01/05/23. Page2of2 PagelD 301

4. Defendant understands all constitutional and statutory rights and wishes to waive those
rights, including the right to a trial by jury and the right to appear before a United States
district judge;

5. Defendant’s plea is made freely and voluntarily:

6. Defendant is competent to enter this plea of guilty;

7. There is a factual basis for Defendant’s plea of guilty; and

8. The ends of justice are served by acceptance of Defendant’s plea of guilty.

Defendant be adjudged guilty, and that sentence be imposed accordingly.

Although I have conducted these proceedings and accepted Defendant’s plea of guilty, the
United States district judge has the power to review my actions and possesses final decision-
making authority in this proceeding. Thus, if Defendant has any objections to these findings or
any other action of the undersigned, he is required to make those known to the United States district
judge within fourteen (14) days of today.

The Clerk will furnish a copy of this Order to each of attorney of record.

Signed on: 5th day of January, 2023.

JOHN R. PARKER
UNITED STATES MAGISTRATE JUDGE

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Based on the above, I recommend that Defendant’s plea of guilty be accepted, that
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