USA v. McGhan

OCR transcription for search; preserved printed pages are authoritative

Case 1:25-cr-10011-JTS Document36 _ Filed 03/11/26 Page 1 of 2 PagelD #:
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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION

UNITED STATES OF AMERICA PLAINTIFF
Vv. Case No. 1:25-CR-10011
JERRY LEE MCGHAN, III DEFENDANT

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3), Local Rule 72.1 4 XII, 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 March 11, 2026, and, pursuant to a written Plea Agreement, the Defendant
entered a plea of guilty to Count One (1) of the Indictment. Pursuant to the written Plea Agreement,
the Government will move to dismiss Counts Two (2) and Three (3) of the Indictment. Further,
the Defendant agrees to the Forfeiture Allegations in the Indictment.

After conducting the hearing in the form and manner prescribed by Rule 11, the
undersigned finds:

1. The Defendant, after consultation with his counsel, has knowingly and voluntarily
consented, both in writing and on the record at the hearing, to the entry of his guilty plea before
the undersigned, with the guilty plea being subject to the final approval by United States District
Judge Susan O. Hickey.

2. The Defendant and the Government have entered into a written Plea Agreement
which has been disclosed in open court pursuant to Rule 1 1(c)(2), and the undersigned has directed

that the Plea Agreement be filed.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

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3. The Defendant is fully competent and capable of entering an informed plea; the

fendant is aware of the nature of the charge, the applicable maximum penalties, and the
consequences of the guilty plea; the Defendant is fully satisfied with his counsel and has had
sufficient time to consult with him; and, the plea of guilty is a knowing and voluntary guilty plea
supported by an independent basis in fact containing each of the essential elements of the offense.

4. The Defendant understands his constitutional and statutory rights and wishes to
waive these rights.

5. The parties were informed, both in writing 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. To expedite acceptance of the guilty plea, the parties waived, both on the record
and in writing, their night to file objections.

Based on the foregoing, the undersigned recommends that the guilty plea be accepted and
that the written Plea Agreement be tentatively approved, subject to final approval at sentencing.

Dated: March 11, 2026