Report of Action and Recommendation on Plea — United States v. Marqwon McClain (03) (N.D. Tex.)

Summary

Document 55, filed 11/08/23 in United States of America v. Marqwon McClain (03), Criminal No. 4:23-CR-00290-O, Northern District of Texas, Fort Worth Division, is a Report of Action and Recommendation on Plea Before the United States Magistrate Judge. The report is submitted under 28 U.S.C. § 636(b)(3) following a referral from the United States district judge for the taking of a guilty plea. It says the defendant appeared with counsel, was informed of the admonitions in Rule 11 of the Federal Rules of Criminal Procedure, and pled guilty. Its findings state that the defendant understands the nature of the charges and penalties, and that the ends of justice are served by acceptance of the plea. It is dated the 8th day of November, 2023.

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Case 4:23-cr-00290-O Document55- Filed 11/08/23. Pagelof2 PagelD111

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

UNITED STATES OF AMERICA

V. CRIMINAL NO. 4:23-CR-00290-O

MARQWON MCCLAIN (03)

REPORT OF ACTION AND RECOMMENDATION ON PLEA
BEFORE THE UNITED STATES MAGISTRATE JUDGE

This Report of Action on Plea is submitted to the court pursuant to 28 U.S.C. §
636(b)(3). This case has been referred by the United States district judge to the undersigned
for the taking of a guilty plea. The parties have consented to appear before a United States
magistrate judge for these purposes.

The defendant appeared with counsel before the undersigned United States magistrate
judge who addressed the defendant personally in open court and informed the defendant of,
and determined that the defendant understood, the admonitions contained in Rule 11 of the
Federal Rules of Criminal Procedure.

The defendant pled guilty.

The undersigned magistrate judge finds the following:

|. The 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. The defendant fully understands the nature of the charges and penalties;

3. The defendant understands all constitutional and statutory rights and wishes

to waive these rights, including the right to a trial by jury and the right to appear
before a United States district judge;
Case 4:23-cr-00290-O Document55- Filed 11/08/23. Page2of2 PagelD 112

Report of Action and Recommendation On Plea
Before the United States Magistrate Judge
page 2

4. The defendant's plea is made freely and voluntarily;

5. The defendant is competent to enter this plea of guilty;

6. There is a factual basis for this plea; and

7. The ends of justice are served by acceptance of the defendant’s plea of guilty.

Although I have conducted these proceedings, accepted the defendant’s plea of guilty, and
pronounced the defendant guilty in open court, upon the defendant’s consent and the referral from
the United States district judge, that judge has the power to review my actions in this proceeding
and possesses final decision making authority. Thus, if the defendant has any objections to the
findings or any other action of the undersigned he should make those known to the United States
district judge within fourteen days of today.

I recommend that defendant’s plea of guilty be accepted and that the defendant be adjudged
guilty by the United States district judge and that sentence be imposed accordingly.

Signed: 8th day of November, 2023


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