USA v. Sheffield

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
UNITED STATES OF AMERICA 	PLAINTIFF
v. 	Case No. 2:24-CR-20012-001
RODNEY SHEFFIELD 	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 June 27, 2024, and, pursuant to a written Plea Agreement, the Defendant entered
a plea of guilty to Count One (1) and Count Two (2) of the Indictment. Pursuant to the written
Plea Agreement, the Government will move to dismiss the remaining Count of the Indictment once
the Court has pronounced sentence.
The written Plea Agreement provides, inter alia, that the Defendant agrees to forfeit certain
assets to the Government and consents to entry of an order of forfeiture for such assets.
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 pleas before
the undersigned, with the guilty pleas being subject to the final approval by United States Senior
District Judge P. K. Holmes, III.
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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.
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 a knowing and voluntary guilty
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, both in writing and 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, both on the record
and in writing, their right to file objections.
Based on the foregoing, the undersigned recommends that the guilty pleas be accepted and
that the written Plea Agreement be tentatively approved, subject to final approval at sentencing.
Dated: June 27, 2024
/s/ Mark E. Ford____________
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
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