USA v. Bernard King

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 25-cr-80172-MIDDLEBROOKS
UNITED STATES OF AMERICA
vs.
JAQAVEON MAURICE BERNARD KING,
Defendant.
REPORT AND RECOMMENDATION
FOLLOWING CHANGE OF PLEA HEARING
THIS CAUSE is before the Court upon Order of Reference from U.S. District Judge
Donald M. Middlebrooks and the consent of the parties for a U.S. Magistrate Judge to accept a
guilty plea by Defendant Jaqaveon Maurice Bernard King. The Court held a change of plea
hearing on December 12, 2025, which was attended by Defendant, his counsel Bryan Raymond,
and Assistant U.S. Attorney Aurora Fagan. The Court hereby advises as follows:
1. The Court advised Defendant of his right to have the hearing conducted by the
presiding U.S. District Judge assigned to the case. The Court further advised Defendant that a
U.S. Magistrate Judge was conducting the change of plea hearing by Order of Reference from
the U.S. District Judge and as agreed to by Defendant, Defendant’s attorney, and the Assistant
United States Attorney assigned to this case. The Court further advised Defendant that his
sentence would be imposed by the presiding U.S. District Judge, who would make all findings
and rulings regarding such sentence and would conduct a sentencing hearing at a time set by
the U.S. District Judge.
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2. The Court advised Defendant that he did not have to permit the undersigned to
conduct this hearing and could require that the change of plea hearing be conducted by the U.S.
District Judge. Defendant, Defendant’s attorney, and the Assistant U.S. Attorney assigned to
the case all agreed on the record and consented to this Court conducting the change of plea
hearing.
3. The Court then conducted a plea colloquy in accordance with the outline set
forth in the Bench Book for U.S. District Judges and in conformity with the requirements of
Federal Rule of Criminal Procedure 11.
4. A written plea agreement has been entered into by the parties in this case. This
Court reviewed the plea agreement and had the Defendant acknowledge that he signed the plea
agreement. This Court also made certain that Defendant was aware of any maximum sentences
which could be imposed in this case pursuant to the plea agreement, sentencing guidelines, and
applicable statutes.
5. Defendant acknowledged that he was fully satisfied with the services of his
attorney and that he had full opportunity to discuss all facets of his case with his attorney, which
he acknowledged that he understood.
6. Defendant pled guilty to Count One of the Indictment, which charges that he did
knowingly and with intent to defraud, possess fifteen (15) or more unauthorized access devices,
that is, bank account numbers belonging to other persons, said conduct affecting interstate and
foreign commerce, in violation of 18 U.S.C. § 1029(a)(3). The defendant agrees that he is, in
fact, guilty of the offense.
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7. The Court found that the Defendant knowingly, voluntarily, and intelligently
waived any 8th Amendment claim that the forfeiture of his assets would be an excessive fine.
8. The parties submitted a Factual Proffer, made part of the record and signed by
Defendant, his counsel, and the Government. The Government orally summarized the factual
basis for the plea on the record, and identified the essential elements of the offense. Defendant
acknowledged that he signed the factual proffer and that all the statements contained therein
are true.
9. Defendant has been referred to the U.S. Probation Office for the preparation of
a pre-sentence investigation report. The sentencing hearing will be conducted at a time
scheduled by the U.S. District Judge.
Accordingly, based upon the foregoing and the plea colloquy conducted by this Court,
the undersigned
RECOMMENDS that Defendant, Jaqaveon Maurice Bernard King, (1) be found to have
freely, knowingly, and voluntarily entered a guilty plea to Count One of the Indictment, (2) that
his guilty plea be accepted, (3) that he be adjudicated guilty of the offense, and (4) that a
sentencing hearing as scheduled by the U.S. District Judge be conducted for a final disposition
of this matter.
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NOTICE OF RIGHT TO OBJECT
The parties shall have fourteen (14) days from the date of being served with a copy of
this Report and Recommendation within which to file written objections, if any, with U.S.
District Judge Donald M. Middlebrooks. Failure to file objections timely shall bar the parties
from a de novo determination by the District Judge of an issue covered in the Report and
Recommendation and shall bar the parties from attacking on appeal unobjected-to factual and
legal conclusions contained in this Report and Recommendation. See 28 U.S.C. § 636(b)(1);
Thomas v. Arn, 474 U.S. 140, 149 (1985); Henley v. Johnson, 885 F.2d 790, 794 (11th Cir.
1989); 11th Cir. R. 3-1 (2016).
DONE AND RECOMMENDED in Chambers at West Palm Beach in the Southern
District of Florida, this 12th day of December, 2025.
________________________________________
RYON M. McCABE
UNITED STATES MAGISTRATE JUDGE
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