USA v. Burgess

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
DECISION AND ORDER
v. 	25-CR-174-A
CHAD BURGESS,
Defendant.
This case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to
28 U.S.C. § 636(b)(1) for the conduct of pretrial proceedings. On December 16, 2025,
Defendant Chad Burgess appeared before Magistrate Judge McCarthy, waived his right
to indictment (Dkt. No. 22) and entered a plea of guilty to a one-count Information (Dkt.
No. 23), which charges him with one count of possession with intent to distribute 5
grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(B),
pursuant to a written plea agreement. (Dkt. No. 24).
Magistrate Judge McCarthy issued a Report and Recommendation (Dkt. No. 25)
confirming his oral findings that Defendant’s plea of guilty was knowing, voluntary, and
supported by a factual basis. No timely objections to the Report and Recommendation
have been filed. It is hereby
ORDERED that, upon review of the waiver of indictment (Dkt. No. 22), the
information (Dkt. No. 23), the plea agreement (Dkt. No. 24), and the plea transcript (Dkt.
No. 31) of the December 16, 2025, change-of-plea proceeding before the Magistrate
Judge; and the Report and Recommendation, the Court finds that all the requirements
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of Federal Rules of Criminal Procedure Rule 11 have been carefully followed.
Defendant’s waiver of his right to indictment together with his plea of guilty were
knowing, voluntary, and supported by a factual basis. The Magistrate Judge informed
Defendant, who was placed under oath and addressed personally in open court, of
Defendant’s rights and the trial rights he was waiving should the Court accept his plea
of guilty, the nature of the charge to which he was pleading guilty, and any maximum
possible penalty, among the other requirements listed in the Rule. The Magistrate
Judge determined that Defendant understood the foregoing. Accordingly, Defendant’s
plea of guilty is accepted based upon the oral findings of the Magistrate Judge as
confirmed in the written Report and Recommendation.
Sentencing is scheduled for May 18, 2026 at 11:30 am. The parties are
directed to the Court’s forthcoming Text Order for the submission of sentencing
documents.
IT IS SO ORDERED.
___s/Richard J. Arcara_______
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: January 12, 2026
Buffalo, New York
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