USA v. Cleland

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
UNITED STATES OF AMERICA,
Plaintiff,
v.
JAMES CLELAND,
Defendant.
________________________________/
Hon. Jane M. Beckering
Case No. 1:25-cr-155
REPORT AND RECOMMENDATION
Pursuant to W.D.Mich. LCrR. 11.1, I conducted a plea hearing in the captioned case on
April 17, 2026, after receiving consent of defendant and all counsel in writing and on the record.
At the hearing, defendant James Cleland entered a plea of guilty to the Indictment in exchange for
the undertakings made by the government in the written plea agreement. In the Indictment,
defendant is charged with possession of unregistered destructive devices in violation of 26 U.S.C.
§ 5861(d). On the basis of the record made at the hearing, I find that defendant is fully capable and
competent to enter an informed plea; that the plea is made knowingly and with full understanding
of each of the rights waived by defendant; that it is made voluntarily and free from any force,
threats, or promises, apart from the promises in the plea agreement; that the defendant understands
the nature of the charge and penalties provided by law; and that the plea has a sufficient basis in
fact.
I therefore recommend that defendant's plea of guilty to the Indictment be accepted, that
the court adjudicate defendant guilty, and that the written plea agreement be considered for
acceptance at the time of sentencing. Acceptance of the plea, adjudication of guilt, acceptance of
the plea agreement, and imposition of sentence are specifically reserved for the district judge.
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Dated: April 17, 2026 	/s/ Sally J. Berens
SALLY J. BERENS
U.S. Magistrate Judge
OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court
within 14 days of the date of service of this notice. 28 U.S.C. § 636(b)(1)(C). Failure to file
objections within the specified time waives the right to appeal the District Court’s order. See
Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
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