Report and Recommendation on Plea — United States v. J. Nicholas Bryant (N.D. Tex.)

Summary

A Report and Recommendation on Plea Before the United States Magistrate Judge, Document 18, filed 11/09/22, Case 5:22-cr-00099-H-BQ, United States of America v. J. Nicholas Bryant, Northern District of Texas, Lubbock Division. It states that the defendant pleaded guilty, under a written plea bargain agreement with the government, to Count One of the Information, charging a violation of 18 U.S.C. § 1343, that is, Wire Fraud. The magistrate judge's findings include that the defendant understands the terms of the plea agreement and plea agreement supplement, and that there is a factual basis for the plea. The report recommends that the plea of guilty be accepted, that the defendant be adjudged guilty, and that sentence be imposed accordingly, and is dated November 9, 2022.

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     Case 5:22-cr-00099-H-BQ Document 18 Filed 11/09/22          Page 1 of 2 PageID 40

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

UNITED STATES OF AMERICA                      §
                                              §
                                              §
v.                                            §
                                              §
                                              §
J. NICHOLAS BRYANT                            §

                  REPORT AND RECOMMENDATION ON PLEA
               BEFORE THE UNITED STATES MAGISTRATE JUDGE

        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. This Report and Recommendation on Plea is submitted

to the court under 28 U.S.C. § 636(b)(3).

        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 pleaded guilty (under a written plea bargain agreement with the

government) to Count One of the Information, charging defendant with a violation of

18 US. C. § 1343, that is, Wire Fraud. 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 penalties;
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             Case 5:22-cr-00099-H-BQ Document 18 Filed 11/09/22               Page 2 of 2 PageID 41



                  3.   Defendant fully understands the terms of the plea agreement and plea
                       agreement supplement;

                  4.   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;

                  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 this plea; and

                  8.   The ends of justice are served by acceptance of the defendant's plea of
                       guilty.

                 Although I have conducted these proceedings and recommend acceptance of

           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.

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

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

                  Signed November 9, 2022.




                                                            UNITED STATES MAG TRA TE JUDGE


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