USA v. Burke et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
UNITED STATES OF AMERICA, ) CASE NO. 5:24 CR 432-001
)
Plaintiff ) JUDGE SOLOMON OLIVER, JR.
)
v. ) ORDER ACCEPTING PLEA
) AGREEMENT, JUDGMENT AND
PHORNELL BURKE, ) REFERRAL TO U.S. PROBATION
) OFFICE
Defendant )
This case is before the Court on a Report and Recommendation filed by United States
Magistrate Judge Jennifer Dowdell Armstrong, regarding the change of plea hearing of Phornell
Burke, which was referred to the Magistrate Judge with the consent of the parties.
On November 14, 2024 the government filed a 9 count Indictment, charging Defendant
Phornell Burke in counts 1, 2, 3, 4, 6, 7, 8 and 9 with Conspiracy to Distribute and Possess with
Intent to Distribute Controlled Substances, Distribution of Fentanyl, Distribution of
Methamphetamine, Attempted Possession with Intent to Distribute Cocaine, Possession with Intent
to Distribute Controlled Substances, Maintaining a Premises for the Purpose of Drug Trafficking,
and Interstate Travel in Aid of Racketeering, in violation of Title 21 U.S.C. §§ 846, 841(a)(1) and
(b(1)( C ), 841(a)(1) and (b)(1)(B), 846, 841(a)(1), (b)(1)(A) and (b)(1)( C ), 856(a)(2), and Title 18
U.S.C. §1952(a)(3) and 2. On November 18, 2024, Magistrate Judge Amanda M. Knapp held an
arraignment, at which time Mr. Burke entered a plea of not guilty to the charges. On November 4,
2025 Magistrate Judge Armstrong received Defendant’s plea of guilty to counts 1, 2, 3, 4, 6, 7, 8 and
9, of the Indictment, with a written plea agreement and issued a Report and Recommendation
Case: 5:24-cr-00432-SO Doc #: 57 Filed: 12/04/25 1 of 2. PageID #: <pageID>

(“R&R”), concerning whether the plea should be accepted and a finding of guilty entered.
Neither party submitted objections to the Magistrate Judge’s R&R in the fourteen days after
it was issued.
On de novo review of the record, the Magistrate Judge’s R&R is adopted. Defendant
Phornell Burke is found to be competent to enter a plea and to understand his constitutional rights.
He is aware of the charges and of the consequences of entering a plea. There is an adequate factual
basis for the plea. The court finds the plea was entered knowingly, intelligently, and voluntarily.
The plea agreement is approved.
Therefore, Defendant Phornell Burke is adjudged guilty to counts 1, 2, 3, 4, 6, 7, 8, and 9
of the Indictment in violation of Title 21 U.S.C. §§ 846, 841(a)(1) and (b(1)(C), 841(a)(1) and
(b)(1)(B), 841(a)(1), (b)(1)(A) and (b)(1)(C), 856(a)(2), and Title 18 U.S.C. §1952(a)(3) and 2. This
matter was referred to the U.S. Probation Department for the completion of a pre-sentence
investigation and report. Sentencing will be held on February 23, 2026 at 2:00 p.m. in Courtroom
19A, Carl B. Stokes United States Court House, 801 West Superior Avenue, Cleveland, Ohio.
IT IS SO ORDERED.
/s/SOLOMON OLIVER, JR.
UNITED STATES DISTRICT JUDGE
December 4, 2025
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