Report and Recommendation on Felony Guilty Plea — United States v. Burnell G Zachary (Document 18)

Summary

A Report and Recommendation on Felony Guilty Plea, Document 18 in United States v. Burnell G Zachary, Case No. 6:21-CR-00240-01, U.S. District Court for the Western District of Louisiana, Lafayette Division. The magistrate judge says the change of plea hearing took place on October 19, 2021, with defense counsel Lester Gautier, Jr. present. The report finds the plea of guilty to Count 1 of the Bill of Information knowing, voluntary and supported by a written factual basis, and recommends that the District Court accept it. It is signed in chambers at Lafayette, Louisiana, on November 15, 2021, by the signature block's Carol B. Whitehurst, United States Magistrate Judge.

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Case 6:21-cr-00240-MJJ-CBW Document 18 Filed 11/15/21 Page 1 of 2 PageID #: 75




                         UNITED STATES DISTRICT COURT
                         WESTERN DISTRICT OF LOUISIANA
                              LAFAYETTE DIVISION

UNITED STATES OF AMERICA                               CASE NO. 6:21-CR-00240-01

VERSUS                                                 JUDGE JUNEAU

BURNELL G ZACHARY (01)                                 MAGISTRATE JUDGE CAROL B.
                                                       WHITEHURST

                 REPORT AND RECOMMENDATION ON
  FELONY GUILTY PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE

       Pursuant to Title 28, United States Code, Section 636(b), and with the written and oral

consent of the defendant, this matter has been referred by the District Court for administration of

guilty plea and allocution under Rule 11 of the Federal Rules of Criminal Procedure.

       This cause came before the undersigned United States Magistrate Judge for a change of

plea hearing and allocution of the defendant, Burnell Zachary, on October 19, 2021. The defendant

was present with his counsel, Lester Gautier, Jr.

       After the hearing, and for the reasons orally assigned, it is the finding of the undersigned

that the defendant is fully competent, that his plea of guilty is knowing and voluntary, and that his

guilty plea to Count 1 of the Bill of Information is fully supported by a written factual basis for

each of the essential elements of the offense.

       Additionally, the defendant voluntarily waived the fourteen-day objection period that

would otherwise be available under 28 U.S.C. § 636. (Rec. Doc. 10).

       Therefore, the undersigned United States Magistrate Judge recommends that the District

Court ACCEPT the guilty plea of the defendant, Burnell Zachary, in accordance with the terms

of the plea agreement filed in the record of these proceedings, and that Burnell Zachary be finally

adjudged guilty of the offense charged in Count 1.
Case 6:21-cr-00240-MJJ-CBW Document 18 Filed 11/15/21 Page 2 of 2 PageID #: 76




      THUS DONE AND SIGNED in chambers, at Lafayette, Louisiana, on November 15, 2021.




                                       ____________________________________
                                       CAROL B. WHITEHURST
                                       UNITED STATES MAGISTRATE JUDGE


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