USA v. Ogle

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
UNITED STATES OF AMERICA PLAINTIFF
VS. CRIMINAL NO. 3:25-30009-001 TLB
GAVIN OGLE DEFENDANT
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3) 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 January 8, 2026,
and pursuant to a written plea agreement, Defendant Gavin Ogle entered a plea of guilt to Count One
of the Indictment charging him with the offense of knowingly possessing a destructive device in
violation of 26 U.S.C. §§ 5845(a), 5861(d), and 5871.
After conducting the hearing in the form and manner prescribed by Rule 11, the undersigned
makes the following factual findings:
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 change of plea hearing, to
the entry of his guilty plea before the undersigned with Defendant’s plea of guilt subject to final
approval by United States District Judge Timothy L. Brooks. United States v. Torres, 258 F.3d 791,
796 (8th Cir. 2001).
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. (ECF No. 19).
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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 pleading guilty.
4. Defendant is fully satisfied with his counsel and has had sufficient time to consult
with counsel.
5. Defendant’s plea of guilt is a knowing and voluntary plea supported by an
independent basis in fact containing each of the essential elements of the offense.
6. The Defendant understands his constitutional and statutory rights and wishes to waive
these rights.
7. 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. See F.R. Crim. P. 59(b)(2). To expedite the district court’s
acceptance of Defendant’s guilty plea, the parties waived, both on the record and in writing in the
plea agreement, their right to file objections.
8. Based on the foregoing, the undersigned recommends that Defendant’s guilty plea
be accepted. The written plea agreement will be subject to approval by the District Judge at
sentencing.
RECOMMENDED this 8th day of January 2026.
__________________________________
CHRISTY COMSTOCK
UNITED STATES MAGISTRATE JUDGE
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