July 23, 2013
UNITED STATES OF AMERICA, Plaintiff,
KIRK FARRAR, Defendant.
REPORT AND RECOMMENDATION
LARRY M. BOYLE, Magistrate Judge.
On July 18, 2013, Defendant Kirk Farrar appeared before the undersigned United States Magistrate Judge to enter a change of plea to Count Two of the Indictment. The Defendant executed a written waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the Indictment (Dkt. 1), the maximum penalties applicable, his constitutional rights, the impact that the Sentencing Guidelines will have, and that the District Judge will not be bound by any agreement of the parties as to the penalty to be imposed.
The Court, having conducted the change of plea hearing and having inquired of the Defendant, his counsel, and the government, finds that there is a factual basis for the Defendant's guilty plea, that he entered it voluntarily and with full knowledge of the consequences, and that the plea should be accepted. ( See Dkt. 31).
Based upon the foregoing, the Court being otherwise fully advised in the premises, the Court hereby RECOMMENDS:
1) That the District Court accept Defendant Kirk Farrar's plea of guilty to Count Two of the Indictment and that a pre-sentence report be ordered; and
2) The District Court GRANT, at the appropriate time, the United States' motion to dismiss Count One of the Indictment (Dkt. 1) as to Defendant Farrar.