USA v. Steward

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
UNITED STATES OF AMERICA 	PLAINTIFF
VS. 	CASE NO. 15-50072
RANDALL TYRELL STEWARD
AKA Randall Stewart
AKA “Trouble” 	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 December 11, 2015, and,
pursuant to a written plea agreement, the Defendant, Randall Tyrell
Steward, entered a plea of guilty to Count One of the Indictment,
charging 	him 	with 	sex 	trafficking 	of 	a 	minor, 	in 	violation 	of 	18
U.S.C. § 1591(a),(b)(2) and (c). 	The plea agreement states that if
it 	is 	accepted 	by 	the 	Court, 	once 	the 	Court 	has 	pronounced
sentence, 	the 	Government 	will 	move 	to 	dismiss 	Count 	Two 	of 	the
Indictment 	and 	the 	forfeiture 	allegation. 	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 	in 	the 	plea
agreement 	and 	on 	the 	record 	at 	the 	hearing, 	to 	the 	entry 	of 	his
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guilty plea before the undersigned, with the plea being subject to
final approval by United States District Judge Timothy L. Brooks.
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 plea; the Defendant is fully satisfied with his counsel and has
had sufficient time to consult with him; and the plea of guilty is
a knowing and voluntary plea 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 	in 	the 	plea
agreement 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 in the
plea agreement, 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 this 11th day of December, 2015.
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/s/ Erin L. Setser
HON. ERIN L. SETSER
UNITED STATES MAGISTRATE JUDGE
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