USA v. Hart

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 25-20303-CR-BECERRA/TORRES
UNITED STATES OF AMERICA,
v.
JACOB MELVIN HART,
Defendant.
__________________________________/
REPORT AND RECOMMENDATION ON CHANGE OF PLEA
This matter was before the Court following on Order of Reference to conduct a
proceeding for acceptance of a guilty plea by the Defendant in the case. 	The Court
having conducted a change of plea hearing on this date, it is recommended that the
Defendant’s change of plea be accepted for the following reasons:
1. 	The Court convened a hearing to permit the Defendant to enter a change
of plea in his case. At the outset of the hearing, Defendant was advised of his right to
have these proceedings conducted by the District Judge assigned to the case.
Further, the Defendant was advised that this Court was conducting the change of
plea hearing on an Order of Reference from the District Court and at the request of
the Defendant, the Defendant’s attorney and the Assistant United States Attorney
assigned to this case. 	The Court further advised the Defendant that the District
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Judge assigned to this case would be the sentencing judge and would make all
findings and rulings concerning the Defendant’s sentence and would conduct a
sentencing hearing at a time set by the District Court.
2. 	The Defendant was made aware that he did not have to permit the
undersigned United States Magistrate Judge to conduct this hearing and could
request that the change of plea hearing be conducted only by a United States District
Judge. 	The Defendant, the Defendant’s attorney and the Assistant United States
Attorney assigned to the case all agreed on the record and consented to this Court
conducting the change of plea hearing.
3. 	The Court conducted a plea colloquy in accordance with Fed. R. Crim. P.
11.
4. 	The parties entered into a written plea agreement in this case, which
was marked as Exhibit A to the hearing. 	The Defendant agreed to plead guilty to
Counts 1 and 2 of a Superseding Information (superseding a prior indictment),
charging 	him 	with 	attempted 	production 	of 	visual 	depictions 	involving 	sexual
exploitation of minors, in violation of Title 18, United States Code, 2251, as well as
transportation 	of 	visual 	depictions 	involving 	sexual 	exploitation 	of 	minors, 	in
violation of Title 18, United States Code, 2252. 	The government agreed to seek
dismissal of the remaining count of the Superseding Information after sentencing.
5. 	The government stated on the record a factual basis for the entry of the
plea that included all the essential elements of the offense to which the Defendant is
pleading guilty and any sentencing enhancements and/or aggravating factors that
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may 	be 	applicable. 	Specifically, 	the 	Court 	reviewed 	with 	Defendant 	the
government’s amended factual proffer, which the Defendant agreed to, filed as
Exhibit B to the hearing, to assure that a factual basis existed for the entry of the
plea. 	The Defendant assented to the accuracy of the proffer and Defendant
acknowledged his participation in the offenses. The Court also reviewed with
Defendant the possible minimum and/or maximum penalties. 	The Defendant
acknowledged 	that 	he 	understood 	these 	possible 	penalties 	and 	consequences,
including the maximum sentence of thirty years imprisonment on Count 1, as well as
the minimum mandatory term of fifteen years imprisonment on that same count.
6. 	Based upon all the foregoing and the plea colloquy conducted by this
Court, it is recommended that the Defendant be found to have freely and voluntarily
entered his guilty plea as more particularly described herein and that the Defendant
be adjudicated guilty of the offenses charged in Counts 1 and 2 of the Superseding
Information.
7. 	A pre-sentence investigation is being prepared. 	Sentencing shall be set
by separate Order.
ACCORDINGLY, this Court recommends that the Defendant’s plea of guilty
be accepted, the Defendant be adjudicated guilty as to Counts 1 and 2 of the
Superseding Information to which he has entered his plea of guilty, and that a
sentencing hearing be conducted for final disposition of this matter. 	The parties
shall have three (3) business days from the date of this Report and Recommendation
within which to file objections, if any, with the Honorable Jacqueline Becerra, United
States District Judge. 	Failure to file timely objections waives a party’s right to
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review issues related to the Defendant’s plea under Fed. R. Crim. P. 11 before the
District Judge or the Court of Appeals (even under a plain error standard). 	See Fed.
R. Crim. P. 59(b)(1), (2); Thomas v. Arn, 474 U.S. 140 (1985); United States v. Lewis,
492 F.3d 1219, 1222 (11th Cir. 2007) (en banc).
DONE AND SUBMITTED this 20th day of January, 2026, at Miami, Florida.
/s/ Edwin G. Torres
EDWIN G. TORRES
United States Magistrate Judge
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