Report and Recommendation of Magistrate Judge — United States v. Charles B. Tiller, III

Summary

Report and Recommendation of a Magistrate Judge in United States of America v. a defendant in Case No. 5:21-cr-00317-PAB, in the U.S. District Court for the Northern District of Ohio, Eastern Division, Doc #: 127 filed 05/12/22. Under General Order 99-49, the matter was referred to the Magistrate Judge to receive, on consent of the parties, the defendant's offer of a plea of guilty. The report states that on May 12, 2022 the defendant, accompanied by counsel, proffered a plea of guilty to Counts 1, 8, and 14 of the Indictment, and that the plea was knowing, intelligent, and voluntary. It recommends that the plea of guilty be accepted and a finding of guilty be entered by the Court. The report is signed s/Amanda M. Knapp, United States Magistrate Judge, and states that objections must be filed within fourteen (14) days.

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Case: 5:21-cr-00317-PAB Doc #: 127 Filed: 05/12/22 1 of 2. PageID #: <pageID>



                                    UNITED STATES DISTRICT COURT
                                     NORTHERN DISTRICT OF OHO
                                          EASTERN DIVISION


    UNITED STATES OF AMERICA,                          )         Case No. 5:21cr317-PAB-2
                                                       )
                     Plaintiff,                        )         Judge Pamela A. Barker
                                                       )
            vs.                                        )         REPORT AND RECOMMENDATION
                                                       )         OF MAGISTRATE JUDGE
    CHARLES B. TILLER, III,                            )
                                                       )
                     Defendant.                        )         Magistrate Judge Amanda M. Knapp
                                                       )


            Pursuant to General Order 99-49, this matter having been referred to the undersigned for

    purposes of receiving, on consent of the parties, the defendant’s offer of a plea of guilty, conducting the

    colloquy prescribed by Fed. R. Crim. P. 11, causing a verbatim record of the proceedings to be prepared,

    referring the matter, if appropriate, for presentence investigation, and submitting a Magistrate Judge’s

    Report and Recommendation stating whether the plea should be accepted and a finding of guilty entered,

    the following, along with the transcript or other record of the proceedings submitted herewith,

    constitutes the Magistrate Judge’s Report and Recommendation concerning the plea of guilty proffered

    by the defendant.

            1.       On May 12, 2022, the defendant, accompanied by counsel, proffered a plea of guilty

                     to Counts 1, 8, and 14 of the Indictment.

            2.       Prior to such proffer, the defendant was examined as to his competency, advised of the

                     charge and consequences of conviction, informed that the Federal Sentencing

                     Guidelines are advisory and the Court must consider them but the Court may impose

                     any sentence authorized by law, notified of his rights, advised that he was waiving all

                     his rights except the right to counsel, and, with limited exceptions, his right to appeal,

                     and otherwise provided with the information prescribed in Fed. R. Crim. P. 11.
Case: 5:21-cr-00317-PAB Doc #: 127 Filed: 05/12/22 2 of 2. PageID #: <pageID>




                                                        2

            3.       The parties and counsel informed the court about the plea agreement between the

                     parties, and the undersigned was advised that, aside from such agreement as described

                     or submitted to the court, no other commitments or promises have been made by any

                     party, and no other agreements, written or unwritten, have been made between the

                     parties.

            4.       The undersigned questioned the defendant under oath about the knowing, intelligent,

                     and voluntary nature of the plea of guilty, and finds that the defendant’s plea was

                     offered knowingly, intelligently, and voluntarily.

            5.       The parties provided the undersigned with sufficient information about the charged

                     offense(s) and the defendant’s conduct to establish a factual basis for the plea.

            In light of the foregoing and the record submitted herewith, the undersigned finds that the

    defendant’s plea was knowing, intelligent, and voluntary, and that all requirements imposed by the

    United States Constitution and Fed. R. Crim. P. 11 have been satisfied. Therefore, the undersigned

    recommends that the plea of guilty be accepted and a finding of guilty be entered by the Court.



                                                                s/Amanda M. Knapp
                                                                Amanda M. Knapp
                                                                United States Magistrate Judge

    Date: May 12, 2022



            ANY OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court

    within fourteen (14) days of receipt of this notice. Fed. R. Crim. P. 59. Failure to file objections within

    the specified time constitutes a WAIVER of the right to appeal the Magistrate Judge’s recommendation.

    Id.


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