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Report and Recommendation — United States v. Raymond Frank Watson (Western District of Arkansas, Document 17)

Summary

A Magistrate Judge's Report and Recommendation in United States v. Raymond Frank Watson, Case No. 2:23-cr-20001-PKH-1, Document 17, filed March 21, 2023, in the United States District Court for the Western District of Arkansas, Fort Smith Division. It states that a plea hearing was conducted on March 21, 2023 and that, under a written Plea Agreement, the defendant entered a plea of guilty to Count One of the Indictment. The Plea Agreement provides that the defendant agrees to forfeit certain assets to the Government, and that victim restitution will be determined by the court at the sentencing hearing. The Magistrate Judge recommends that the guilty plea be accepted and that the Plea Agreement be tentatively approved, subject to final approval at sentencing.

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“Report and Recommendation — United States v. Raymond Frank Watson (Western District of Arkansas, Document 17).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-23-cr-20001-dkt-17-4c2b9d3980/, SHA-256 b525398af0b5be22846e3c3b1dc06cc4d8e6f853d4b53f5d6dd3018d09c0f73d.

Full text

 Case 2:23-cr-20001-PKH Document 17               Filed 03/21/23 Page 1 of 2 PageID #: 49




                        IN THE UNITED STATES DISTRICT COURT
                           WESTERN DISTRICT OF ARKANSAS
                                FORT SMITH DIVISION


 UNITED STATES OF AMERICA                                                            PLAINTIFF

 v.                                Case No. 2:23-cr-20001-PKH-1

 RAYMOND FRANK WATSON                                                              DEFENDANT


             MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

       Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3), Local Rule 72.1 ¶ XII, and

General Order No. 40, this matter was referred to the undersigned for the purposes of conducting

a plea hearing pursuant to Rule 11 of the Federal Rules of Criminal Procedure. Such a hearing

was conducted on March 21, 2023, and, pursuant to a written Plea Agreement, the Defendant

entered a plea of guilty to Count One of the Indictment.

       The written Plea Agreement provides, inter alia, that the Defendant agrees to forfeit certain

assets to the Government and consents to entry of an order of forfeiture for such assets. The

Defendant also agrees and acknowledges that victim restitution in this case is governed by the

provisions of 18 U.S.C. § 2259 and will be calculated during the preparation of the PSR and

determined by the court at the sentencing hearing. The Defendant acknowledges that restitution

imposed is not dischargeable in any bankruptcy proceeding pursuant to 18 U.S.C. § 3613(e).

       After conducting the hearing in the form and manner prescribed by Rule 11, the

undersigned finds:

       1.      The Defendant, after consultation with his counsel, has knowingly and voluntarily

consented, both in writing and on the record at the hearing, to the entry of his guilty plea before
  Case 2:23-cr-20001-PKH Document 17                 Filed 03/21/23 Page 2 of 2 PageID #: 50




the undersigned, with the plea being subject to the final approval by United States District Judge

P. K. Holmes, III.

        2.      The Defendant and the Government have entered into a written Plea Agreement

which has been disclosed in open court pursuant to Rule 11(c)(2), and the undersigned has directed

that the Plea Agreement be filed.

        3.      The Defendant is fully competent and capable of entering an informed plea; the

Defendant is aware of the nature of the charges, the applicable maximum penalties, and the

consequences of the guilty plea; the Defendant is fully satisfied with his counsel and has had

sufficient time to consult with him; and, the plea of guilty is a knowing and voluntary plea

supported by an independent basis in fact containing each of the essential elements of the offense.

        4.      The Defendant understands his constitutional and statutory rights and wishes to

waive these rights.

        5.      The parties were informed, both in writing and on the record at the hearing, of their

right to file written objections within fourteen (14) days after receipt of this Report and

Recommendation. To expedite acceptance of the guilty plea, the parties waived, both on the record

and in writing, their right to file objections.

        Based on the foregoing, the undersigned recommends that the guilty plea be accepted and

that the written Plea Agreement be tentatively approved, subject to final approval at sentencing.

        Dated: March 21, 2023.

                                                  /s/ Mark E. Ford____________
                                                  HON. MARK E. FORD
                                                  UNITED STATES MAGISTRATE JUDGE

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