Report and Recommendation — No. 1:24-cr-00120 (Dkt. 41, N.D. Ohio)

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A Report and Recommendation, Doc #41, filed April 24, 2025 in United States v. Joseph Oloyede, Case No. 1:24-cr-00120-CAB-1, in the U.S. District Court for the Northern District of Ohio, Eastern Division. Judge Christopher A. Boyko referred the matter to Magistrate Judge Reuben J. Sheperd under General Order 99-49 to receive the defendant's plea. The report states that on April 24, 2025 the defendant, accompanied by counsel, proffered a plea of guilty to Counts 1 and 13 of the Indictment and Counts 1 and 2 of the Supplemental Information. It finds the plea knowing, intelligent and voluntary, with a factual basis, and recommends that it be accepted and a finding of guilty entered. Objections are due within fourteen (14) days under Fed. R. Crim. P. 59.

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      Case: 1:24-cr-00120-CAB Doc #: 41 Filed: 04/24/25 1 of 3. PageID #: 156




                      IN THE UNITED STATES DISTRICT COURT
                           NORTHERN DISTRICT OF OHIO
                                EASTERN DIVISION


 UNITED STATES OF AMERICA,                        )    Case No. 1:24-cr-00120-CAB-1
                                                  )
        Plaintiff,                                )    JUDGE CHRISTOPHER A. BOYKO
                                                  )
        v.                                        )    MAGISTRATE JUDGE
                                                  )    REUBEN J. SHEPERD
 JOSEPH OLOYEDE,                                  )
                                                  )    REPORT AND RECOMMENDATION
        Defendant.                                )
                                                  )

       Judge Christopher A. Boyko referred this matter to the undersigned, pursuant to General

Order 99-49 for purposes for receiving, on consent of the parties, the defendant’s offer of a plea

of guilty on the Indictment and Supplemental Information, conducting the colloquy prescribed

by Fed. R. Crim. P. 11, causing a verbatim record of the proceedings to be prepared, referring the

matter, if appropriate, for presentence investigation, and submitting a Magistrate Judge’s Report

and Recommendation stating whether the plea should be accepted and a finding of guilty

entered. The following, along with the transcript or other record of the proceedings submitted

herewith, constitutes the Magistrate Judge’s Report and Recommendation concerning the plea of

guilty proffered by the defendant.

       1.      On April 24, 2025, the defendant, accompanied by counsel, proffered a plea of

               guilty to Counts 1 and 13 of the Indictment and Counts 1 and 2 of the

               Supplemental Information.

       2.      Prior to such proffer, the defendant was examined as to his competency, advised
      Case: 1:24-cr-00120-CAB Doc #: 41 Filed: 04/24/25 2 of 3. PageID #: 157




              of the charge and consequences of conviction, informed that the Court would,

              after considering a pre-sentence investigation report, impose a sentence that is no

              greater than necessary to meet the requirements of 18 U.S.C. § 3553 et seq and

              authorized by law, notified of his rights, advised that he was waiving all his

              rights except the right to counsel, and, if such were the case, his right to appeal,

              and otherwise provided with the information prescribed in Fed. R. Crim. P. 11.

       3.     The parties and counsel informed the court about the plea agreement between the

              parties. The undersigned was advised that, aside from such agreement as

              described or submitted to the court, no other commitments or promises have been

              made by any party, and no other agreements, written or unwritten, have been

              made between the parties.

       4.     The undersigned questioned the defendant under oath about the knowing,

              intelligent, and voluntary nature of the plea of guilty, and finds that the

              defendant’s plea was offered knowingly, intelligently, and voluntarily.

       5.     The parties provided the undersigned with sufficient information about the

              charged offense and the defendant’s conduct to establish a factual basis for the

              plea.

       In light of the foregoing and the record submitted herewith, the undersigned finds that the

defendant’s plea was knowing, intelligent, and voluntary, and that all requirements imposed by

the United States Constitution and Fed. R. Crim. P. 11 have been satisfied. Therefore, the

undersigned recommends that the plea of guilty be accepted and a finding of guilty be entered by

the Court.




                                                 2
      Case: 1:24-cr-00120-CAB Doc #: 41 Filed: 04/24/25 3 of 3. PageID #: 158




Dated: April 24, 2025
                                                      Reuben J. Sheperd
                                                      United States Magistrate Judge




                                         OBJECTIONS

ANY OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court
within fourteen (14) days of receipt of this notice. Fed. R. Crim. P. 59. Failure to file objections
within the specified time constitutes a WAIVER of the right to appeal the Magistrate Judge’s
recommendation. Id.




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