Report and Recommendation on Plea of Guilty — United States v. Buddy Allen Gray (N.D. Tex.)

Summary

A Report and Recommendation on Plea of Guilty Before United States Magistrate Judge, Document 27, filed 01/26/23, Case 6:22-cr-00028, United States of America v. Buddy Allen Gray, Northern District of Texas, San Angelo Division. It states that the defendant pleaded guilty, under a plea bargain agreement with the government, to Count One of the two-count Indictment, charging a violation of 18 U.S.C. § 2422(b), Attempted Enticement of a Minor. The magistrate judge finds that the defendant consented, understands the charges and the plea agreement, is competent, and pleaded freely and voluntarily, and that there is a factual basis. The report recommends that the plea be accepted and the defendant adjudged guilty. Signed January 26, 2023.

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Case 6:22-cr-00028-ASO-BU          Document 27       Filed 01/26/23      Page 1 of 2     PageID 49




                         IN THE UNITED STATES DISTRICT COURT
                         FOR THE NORTHERN DISTRICT OF TEXAS
                                 SAN ANGELO DIVISION

 UNITED STATES OF AMERICA                       §
                                                §
                                                §
 v.                                             §        CASE NO. 6:22-CR-00028-H-BlJ
                                                §
                                                §
 BUDDY ALLEN GRAY (1)                           §

               REPORT AND RECOMMENDATION ON PLEA OF GUILTY
                  BEFORE UNITED STATES MAGISTRATE JUDGE

        Defendant, BUDDY ALLEN ORA Y (1), by consent and under the authority of United

 States v. Dees, 125 F.3d 261 (5th Cir. 1997), appeared with counsel before the undersigned United

 States magistrate judge for the purpose of entering a plea of guilty under Rule 11 of the Federal

 Rules of Criminal Procedure.

        Defendant was placed under oath and personally examined in open court by the

 undersigned concerning the subjects in Rule 1 l(b)(l) and the undersigned determined that

 Defendant understood each subject.

        Defendant pleaded guilty, under a plea bargain agreement with the government, to Count

 One of the two-count Indictment charging Defendant with a violation of 18 U.S.C. § 2422(b) -

 Attempted Enticement of a Minor. After examining Defendant under oath, the undersigned

 magistrate judge finds the following:

        I. 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 the associated penalties;

        3. Defendant fully understands the terms of the plea agreement and plea agreement
        supplement;
Case 6:22-cr-00028-ASO-BU           Document 27        Filed 01/26/23      Page 2 of 2      PageID 50




        4. Defendant understands all constitutional and statutory rights and wishes to waive those
        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 Defendant's plea of guilty; and

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

        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.

        Although I have conducted these proceedings and accepted 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.

        The Clerk will furnish a copy of this Order to each of attorney of record.

        Signed on: 26th day of January, 2023.




                                               JOHN R. PARK.ER
                                               UNITED STATES MAGISTRATE JUDGE


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