USA v. Hughes, et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
UNITED STATES OF AMERICA 	PLAINTIFF
v. 	Case No. 2:20-cr-20008-001
ANTHONY HUGHES 	DEFENDANT
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3), Local Rule 72.1 ¶ XII, and
General Order No. 40, this matter was referred to the undersigned for the purposes of conducting
a plea hearing pursuant to Rule 11 of the Federal Rules of Criminal Procedure. Such a hearing
was conducted on August 19, 2021, and, pursuant to a written Plea Agreement, the Defendant
entered a plea of guilty to Counts One and Two of the Indictment returned March 4, 2020.
The plea agreement states, inter alia, that the Defendant agrees to pay restitution in the
amount of $5,939.50 to the United States Forest Service, which is half the total amount of
restitution calculated by the United States Forest Service.
After conducting the hearing in the form and manner prescribed by Rule 11, the
undersigned finds:
1. 	The Defendant, after consultation with his counsel, has knowingly and voluntarily
consented, both in writing and on the record at the hearing, to the entry of his guilty plea before
the undersigned, with the plea being subject to the final approval by United States District Judge
P. K. Holmes, III.
2. 	The Defendant and the Government have entered into a written Plea Agreement
which has been disclosed in open court pursuant to Rule 11(c)(2), and the undersigned has directed
that the Plea Agreement be filed.
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3. 	The Defendant is fully competent and capable of entering an informed plea; the
Defendant is aware of the nature of the charges, the applicable maximum penalties, and the
consequences of the guilty pleas; the Defendant is fully satisfied with his counsel and has had
sufficient time to consult with him; and the pleas of guilty are knowing and voluntary pleas
supported by an independent basis in fact containing each of the essential elements of the offenses.
4. 	The Defendant understands his constitutional and statutory rights and wishes to
waive these rights.
5. 	The parties were informed on the record at the hearing of their right to file written
objections within fourteen (14) days after receipt of this Report and Recommendation. To expedite
acceptance of the guilty plea, the parties waived, on the record, their right to file objections.
Based on the foregoing, the undersigned recommends that the guilty plea be accepted and
that the written Plea Agreement be tentatively approved, subject to final approval at sentencing.
Dated: August 19, 2021
/s/ Mark E. Ford
HONORABLE MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
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