3:26-cr-00038•USA v. Smith
Full text
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON UNITED STATES OF AMERICA, Plaintiff, Case No. 3:26-cr-38 vs. JASON J. SMITH, District Judge Michael J. Newman Magistrate Judge Peter B. Silvain, Jr. Defendant. ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. No. 26); (2) ACCEPTING DEFENDANT’S PLEA OF GUILTY AS CHARGED IN COUNT ONE OF THE INDICTMENT; (3) DEFERRING THE DECISION OF WHETHER TO ACCEPT THE PLEA AGREEMENT UNTIL THE SENTENCING HEARING; AND (4) ADVISING COUNSEL FOR BOTH SIDES THAT VOLUNTARY SURRENDER IS ONLY AVAILABLE IN LIMITED CIRCUMSTANCES AND DEFENDANTS ON BOND ARE TYPICALLY TAKEN INTO CUSTODY AT THE CONCLUSION OF THE SENTENCING HEARING This criminal case is before the Court on the Report and Recommendation (“R&R”) of the United States Magistrate Judge (Doc. No. 26), recommending that the Court accept Defendant’s guilty plea. There being no objections and for good cause shown, the Court ADOPTS the R&R in full. The Court ACCEPTS Defendant’s plea of guilty as charged in Count 1 of the Indictment, which charges him with being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(8). The Court DEFERS the decision of whether to accept the parties’ plea agreement until the sentencing hearing. Counsel for both sides are ADVISED that voluntary surrender is only available in limited circumstances, see 18 U.S.C. § 3142, and Defendants on bond are typically taken into custody at the conclusion of the sentencing hearing. IT IS SO ORDERED October 13, 2026 s/Michael J. Newman Hon. Michael J. Newman United States District Judge Case: 3:26-cr-00038-MJN Doc #: 27 Filed: 10/13/26 Page: 1 of 1 PAGEID #: <pageID>
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