Order — United States v. Byron Claypool, No. 23-CR-77-4-JPS (Dkt. 445, E.D. Wis.)
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In this June 24, 2024 order in United States v. Byron Claypool (E.D. Wis., Case No. 23-CR-77-4-JPS), U.S. District Judge J. P. Stadtmueller adopted Magistrate Judge Stephen C. Dries's Report and Recommendation (ECF No. 417) on Claypool's guilty plea. The order recounts that the Government filed a 43-count Indictment on April 25, 2023 charging Claypool in two counts under 18 U.S.C. §§ 1349, 1341 and 2(a), and that under a plea agreement filed May 20, 2024 Claypool pleaded guilty to Count One on June 6, 2024, with the Government to move to dismiss the remaining count at sentencing. Judge Dries found the plea knowing and voluntary and supported by an independent factual basis, and recommended that it be accepted, that a presentence investigation report be prepared and that Claypool be adjudicated guilty. No party objected within fourteen days.
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,
Case No. 23-CR-77-4-JPS
v.
BYRON CLAYPOOL,
ORDER
Defendant.
On April 25, 2023, the Government filed a 43-count Indictment in
which Defendant Byron Claypool (“Defendant”) was charged in two counts
with violating 18 U.S.C. §§ 1349, 1341, and 2(a). ECF No. 1. On May 20, 2024,
the parties filed a plea agreement indicating that Defendant would plead
guilty to Count One in the Indictment, with the Government to move to
dismiss the remaining count as to Defendant at the time of sentencing. ECF
No. 393.
The parties appeared before Magistrate Judge Stephen C. Dries on
June 6, 2024 to conduct a plea colloquy pursuant to Federal Rule of Criminal
Procedure 11. ECF No. 416. Defendant entered a plea of guilty as to Count
One in the Indictment. Id. After cautioning and examining Defendant under
oath concerning each of the subjects mentioned in Rule 11, Magistrate Judge
Dries determined that the guilty plea was knowing and voluntary, and that
the offenses charged were supported by an independent factual basis
containing each of the essential elements of the offenses. Id.
The same day, Magistrate Judge Dries filed a Report and
Recommendation with this Court, recommending that: (1) Defendant’s plea
Case 2:23-cr-00077-JPS Filed 06/24/24 Page 1 of 2 Document 445
of guilty be accepted; (2) a presentence investigation report be prepared;
and (3) Defendant be adjudicated guilty and have a sentence imposed
accordingly. ECF No. 417. Pursuant to General Local Rule 72(c), 28 U.S.C.
§ 636(b)(1)(B), and Federal Rule of Criminal Procedure 59(b), the parties
were advised that written objections to that recommendation, or any part
thereof, could be filed within fourteen days of the date of service of the
recommendation. Id. at 1–2. To date, no party has filed such an objection.
The Court has considered Magistrate Judge Dries’s recommendation and,
having received no objection thereto, will adopt it.
Accordingly,
IT IS ORDERED that Magistrate Judge Stephen C. Dries’s Report
and Recommendation, ECF No. 417, be and the same is hereby ADOPTED.
Dated at Milwaukee, Wisconsin, this 24th day of June, 2024.
BY THE COURT:
____________________________________
J. P. Stadtmueller
U.S. District Judge
Page 2 of 2
Case 2:23-cr-00077-JPS Filed 06/24/24 Page 2 of 2 Document 445
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