Report and Recommendation of Magistrate Judge — United States v. Ross Charno, No. 1:21cr806-PAB-1 (Dkt. 37, N.D. Ohio)
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A report and recommendation dated December 28, 2021 by United States Magistrate Judge Amanda M. Knapp in United States v. Ross Charno, Case No. 1:21cr806-PAB-1, in the U.S. District Court for the Northern District of Ohio, Eastern Division, before Judge Pamela A. Barker. On referral under General Order 99-49, the defendant, with counsel, offered a plea of guilty that day to Count 1 of the Information under a plea agreement. After the Fed. R. Crim. P. 11 colloquy, the magistrate judge finds the plea knowing, intelligent and voluntary with a factual basis, and recommends that the plea be accepted and a finding of guilty entered. Objections are due within fourteen (14) days.
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHO
EASTERN DIVISION
UNITED STATES OF AMERICA, ) Case No. 1:21cr806-PAB-1
)
Plaintiff, ) Judge Pamela A. Barker
)
vs. ) REPORT AND RECOMMENDATION
) OF MAGISTRATE JUDGE
ROSS CHARNO, )
)
Defendant. ) Magistrate Judge Amanda M. Knapp
)
Pursuant to General Order 99-49, this matter having been referred to United States
Magistrate Judge Amanda M. Knapp for purposes of receiving, on consent of the parties, the
defendant’s offer of a plea of guilty, 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 December 28, 2021, the defendant, accompanied by counsel, proffered a plea
of guilty to Count 1 of the Information pursuant to a plea agreement.
2. Prior to such proffer, the defendant was examined as to his competency, advised
of the charge and the consequences of conviction, informed that the Federal
Sentencing Guidelines are advisory and the Court must consider them but the Court
may impose any sentence authorized by law, notified of his rights, advised of the
rights he was giving up, advised that with limited exceptions, he was waiving his
2
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, and 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, having questioned the defendant under oath about the knowing,
intelligent, and voluntary nature of the plea of guilty, 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(s) 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.
s/Amanda M. Knapp
Amanda M. Knapp
United States Magistrate Judge
Date: December 28, 2021
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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