Order Adopting Report and Recommendation — No. 1:22-cr-00104 (Dkt. 15, D. Idaho)

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Order of June 21, 2022 by Chief Judge David C. Nye in the U.S. District Court for the District of Idaho, United States v. Nicholas Jones, case 1:22-cr-00104, Document 15. The magistrate judge took the defendant's change of plea under a written plea agreement on June 1, 2022 and recommended acceptance (Dkt. 13), and no objections were filed. Finding that Rule 11 was met, the court adopts the recommendation, accepts the guilty plea to Counts One and Two of the Information (Dkt. 1) and finds the defendant guilty.

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         Case 1:22-cr-00104-DCN Document 15 Filed 06/21/22 Page 1 of 2




                         UNITED STATES DISTRICT COURT

                            FOR THE DISTRICT OF IDAHO


  UNITED STATES OF AMERICA,
                                                  Case No. 1:22-cr-00104-DCN
                       Plaintiff,
                                                 ORDER ADOPTING REPORT AND
         v.                                      RECOMMENDATION

  NICHOLAS JONES,

                       Defendant.


       Before the Court is a Report and Recommendation filed by the United States

Magistrate Judge. Dkt. 13. On June 1, 2022, Defendant, Nicholas Jones appeared before

the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The

Magistrate Judge conducted the plea hearing and concluded there is a factual basis for

Defendant’s plea of guilty to the charges contained in Counts One and Two of the

Information (Dkt. 1), and that it was entered voluntarily and with full knowledge of the

consequences. No objections to the Report and Recommendation have been filed.

       The Court now has reviewed the record, and find that the requirements of Rule 11

have been met.     See United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003).

Specifically, the Court finds that the Magistrate Judge adhered to the requirements of Rule

11(b); that under Rule 11(b)(2), the Defendant’s plea was voluntary and not the result of

force or threats or promises apart from the plea agreement; and that a factual basis for the



ORDER ADOPTING REPORT AND RECOMMENDATION - 1
         Case 1:22-cr-00104-DCN Document 15 Filed 06/21/22 Page 2 of 2




plea exists. See id. Accordingly,

       IT IS HEREBY ORDERED that the Report and Recommendation (Dkt. 13) shall

be, and the same is hereby, ADOPTED as the decision of the District Court and

incorporated fully herein by reference.

       IT IS FURTHER ORDERED that the Defendant’s plea of guilty to the crimes

charged in Counts One and Two of the Information (Dkt. 1), shall be, and the same is

hereby, ACCEPTED by the Court as a knowing and voluntary plea supported by an

independent basis in fact containing each of the essential elements of the offense.

       IT IS FURTHER ORDERED that the Defendant, Nicholas Jones is found to be

GUILTY as to the applicable crimes charged in the Information. Dkt. 1.

                                                 DATED: June 21, 2022


                                                 _________________________
                                                 David C. Nye
                                                 Chief U.S. District Court Judge




ORDER ADOPTING REPORT AND RECOMMENDATION - 2


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