Report and Recommendation Concerning Plea of Guilty — No. 3:21-cr-05019 (Dkt. 10, W.D. Mo.)

Summary

A Report and Recommendation Concerning Plea of Guilty, Document 10, filed May 5, 2021 in United States v. Brian Ruth, Sr., No. 21-05019-01-CR-SW-RK, in the U.S. District Court for the Western District of Missouri, Southwestern Division. The magistrate judge writes that the defendant, by consent, appeared under Rule 11 and entered a plea of guilty to Counts One, Two and Three and admitted the Forfeiture Allegation in the Information filed on May 5, 2021. He states that the pleas were knowledgeable and voluntary and supported by a factual basis, and recommends that they be accepted and that the defendant be adjudged guilty. A notice on the second page sets a 14-day period for written objections under 28 U.S.C. § 636(b)(1)(B). It is signed by United States Magistrate Judge David P. Rush.

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Full text

           IN THE UNITED STATES DISTRICT COURT FOR THE
                   WESTERN DISTRICT OF MISSOURI
                       SOUTHWESTERN DIVISION

UNITED STATES OF AMERICA,              )
                                       )
                      Plaintiff,       )
                                       )
     vs.                               )     No. 21-05019-01-CR-SW-RK
                                       )
BRIAN RUTH, SR.,                       )
                                       )
                      Defendant.       )


                      REPORT AND RECOMMENDATION
                      CONCERNING PLEA OF GUILTY


     The Defendant, by consent, has appeared before me pursuant to

Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. '636, and has

entered a plea of guilty to Counts One, Two and Three and admitted

to the Forfeiture Allegation contained in the Information filed on

May 5, 2021.   After cautioning and examining the Defendant under oath

concerning each of the subjects mentioned in Rule 11, I determined

that the guilty pleas were knowledgeable and voluntary, and that the

offenses charged are supported by a factual basis for each of the

essential elements of the offenses.      I therefore recommend that the

pleas of guilty be accepted and that the Defendant be adjudged guilty

and have sentence imposed accordingly.



Date May 5, 2021                       /s/ David P. Rush
                                       DAVID P. RUSH
                                       UNITED STATES MAGISTRATE JUDGE




       Case 3:21-cr-05019-RK Document 10 Filed 05/05/21 Page 1 of 2
                                 NOTICE

     Failure to file written objections to this Report and
Recommendation within 14 days from the date of its service shall bar
an aggrieved party from attacking such Report and Recommendation
before the assigned United States District Judge. 28 U.S.C.
'636(b)(1)(B).




       Case 3:21-cr-05019-RK Document 10 Filed 05/05/21 Page 2 of 2


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