Report and Recommendation Following Change of Plea Hearing — United States v. James McGhow (Document 79)

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Report and Recommendation Following Change of Plea Hearing in United States of America v. James McGhow, Case 9:25-cr-80076-AMC, in the U.S. District Court for the Southern District of Florida, Document 79 entered on the FLSD docket 10/01/2025. The report states that a U.S. Magistrate Judge held a change of plea hearing on October 1, 2025 by Order of Reference from U.S. District Judge Aileen M. Cannon. It states that Defendant James McGhow pled guilty to Count Four (4) of the Indictment, which charges wire fraud, in violation of Title 18, United States Code, Section 1343. The report recommends that the guilty plea be accepted, that the defendant be adjudicated guilty, and that a sentencing hearing be conducted by the U.S. District Judge. It gives the parties fourteen (14) days to file written objections; the signature block names Ryon M. McCabe, United States Magistrate Judge.

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Case 9:25-cr-80076-AMC Document 79 Entered on FLSD Docket 10/01/2025 Page 1 of 4




                              UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF FLORIDA

                                  Case No. 25-cr-80076-Cannon

   UNITED STATES OF AMERICA,

          Plaintiff,
   v.

   JAMES MCGHOW,

          Defendant.

                            REPORT AND RECOMMENDATION
                         FOLLOWING CHANGE OF PLEA HEARING

          THIS CAUSE is before the Court upon Order of Reference from U.S. District Judge

   Aileen M. Cannon and the consent of the parties for a U.S. Magistrate Judge to accept a guilty

   plea by Defendant James McGhow. The Court held a change of plea hearing on October 1,

   2025, which was attended by Defendant, his counsel Michael Harwin, and Assistant U.S.

   Attorney Jonathan Bailyn. The Court hereby advises as follows:

          1.      The Court advised Defendant of his right to have the hearing conducted by the

   presiding U.S. District Judge assigned to the case. The Court further advised Defendant that a

   U.S. Magistrate Judge was conducting the change of plea hearing by Order of Reference from

   the U.S. District Judge and as agreed to by Defendant, Defendant’s attorney, and the Assistant

   United States Attorney assigned to this case. The Court further advised Defendant that his

   sentence would be imposed by the presiding U.S. District Judge, who would make all findings

   and rulings regarding such sentence and would conduct a sentencing hearing at a time set by

   the U.S. District Judge.
Case 9:25-cr-80076-AMC Document 79 Entered on FLSD Docket 10/01/2025 Page 2 of 4




          2.      The Court advised Defendant that he did not have to permit the undersigned to

   conduct this hearing and could require that the change of plea hearing be conducted by the U.S.

   District Judge. Defendant, Defendant’s attorney, and the Assistant U.S. Attorney assigned to

   the case all agreed on the record and consented to this Court conducting the change of plea

   hearing.

          3.      The Court then conducted a plea colloquy in accordance with the outline set

   forth in the Bench Book for U.S. District Judges and in conformity with the requirements of

   Federal Rule of Criminal Procedure 11.

          4.      A written plea agreement has been entered into by the parties in this case. This

   Court reviewed the plea agreement and had the Defendant acknowledge that he signed the plea

   agreement. This Court also made certain that Defendant was aware of any maximum sentences

   which could be imposed in this case pursuant to the plea agreement, sentencing guidelines, and

   applicable statutes.

          5.      Defendant acknowledged that he was fully satisfied with the services of his

   attorney and that he had full opportunity to discuss all facets of his case with his attorney, which

   he acknowledged that he understood.

          6.      Defendant pled guilty to Count Four (4) of the Indictment which charges the

   defendant with wire fraud, in violation of Title 18, United States Code, Section 1343. The

   defendant admitted that he is, in fact, guilty of that offense.

          7.      The parties submitted a Factual Basis, made part of the record and signed by

   Defendant, his counsel, and the Government. The Government orally summarized the factual

   basis for the plea on the record, including the essential elements of each offense. Defendant




                                                    2
Case 9:25-cr-80076-AMC Document 79 Entered on FLSD Docket 10/01/2025 Page 3 of 4




   acknowledged that he signed the factual proffer and that all the statements contained therein

   are true.

             8.     Defendant has been referred to the U.S. Probation Office for the preparation of

   a pre-sentence investigation report. The sentencing hearing will be conducted at a time

   scheduled by the U.S. District Judge.

             Accordingly, based upon the foregoing and the plea colloquy conducted by this Court,

   the undersigned

             RECOMMENDS that Defendant, James McGhow, (1) be found to have freely,

   knowingly, and voluntarily entered a guilty plea to Count 4 of the Indictment, (2) that his guilty

   plea be accepted, (3) that he be adjudicated guilty of the offenses and (4) that a sentencing

   hearing as scheduled by the U.S. District Judge be conducted for a final disposition of this

   matter.

                                 NOTICE OF RIGHT TO OBJECT

             The parties shall have fourteen (14) days from the date of being served with a copy of

   this Report and Recommendation within which to file written objections, if any, with U.S.

   District Judge Aileen M. Cannon. Failure to file objections timely shall bar the parties from a

   de novo determination by the District Judge of an issue covered in the Report and

   Recommendation and shall bar the parties from attacking on appeal unobjected-to factual and

   legal conclusions contained in this Report and Recommendation. See 28 U.S.C. § 636(b)(1);

   Thomas v. Arn, 474 U.S. 140, 149 (1985); Henley v. Johnson, 885 F.2d 790, 794 (11th Cir.

   1989); 11th Cir. R. 3-1 (2016).




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Case 9:25-cr-80076-AMC Document 79 Entered on FLSD Docket 10/01/2025 Page 4 of 4




          DONE AND RECOMMENDED in Chambers at West Palm Beach in the Southern

   District of Florida, this 1st day of October, 20225.




                                          ________________________________________
                                          RYON M. McCABE
                                          UNITED STATES MAGISTRATE JUDGE




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