USA v. Kirby, et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
UNITED STATES OF AMERICA 	PLAINTIFF
v. 	Case No. 2:22-cr-20029-002
CHRISTINE LIND EMINHIZER 	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 ¶ 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 January 4, 2024, and, pursuant to a written Plea Agreement, the Defendant
entered a plea of guilty to Count Four (4) of the Indictment. 	Pursuant to the written Plea
Agreement, the Government will move to dismiss the remaining Counts of the Indictment once
the Court has pronounced sentence.
After conducting the hearing in the form and manner prescribed by Rule 11, the
undersigned finds:
1. 	The Defendant, after consultation with her counsel, has knowingly and voluntarily
consented, both in writing and on the record at the hearing, to the entry of her guilty plea before
the undersigned, with the guilty plea being subject to the final approval by United States District
Judge P. K. Holmes, III.
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.
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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 charge, the applicable maximum penalties, and the
consequences of the guilty plea; the Defendant is fully satisfied with her 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 her 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 right 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: January 4, 2024
/s/ Mark E. Ford____________
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
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