USA v. Lewis

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff, 	Case No. 1:25-cr-00158
v. 	Hon. Jane M. Beckering
BRIAN DEAN LEWIS,
Defendant.
/
REPORT AND RECOMMENDATION
Pursuant to W.D. Mich. LCrR 11.1 and upon a request of the district court, I
conducted a felony plea hearing in this matter on November 12, 2025, after receiving the written
consent of the defendant, the defendant's attorney, and the attorney for the government. 	These
consents were also placed on the record in open court.
Defendant Brian Dean Lewis is charged in a Felony Information with possession
with intent to distribute amphetamine. On the basis of the record made at the hearing, I found that
defendant was competent to enter a plea of guilty and that the plea was knowing and voluntary
with a full understanding of each of the rights waived by the defendant, that the defendant fully
understood the nature of the charge and the consequences of the plea, and that the defendant's plea
had a sufficient basis in fact which contained all of the elements of the offense charged.
I inquired into the plea agreement. 	I found the plea agreement to have been
knowingly and voluntarily made and found that it fully reflected all of the promises made by the
parties.
Accordingly, I accepted the plea of guilty, subject to final acceptance of the plea by
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the District Judge, and I specifically reserved acceptance of the plea agreement for the District
Judge. I recommend that the District Judge reject the so-called “Hyde Waiver,” as against public
policy and void as a matter of law. I ordered the preparation of a presentence investigation report.
Recommendation
Based upon the foregoing, I respectfully recommend that the defendant's plea of
guilty to the Felony Information be accepted, that the Court adjudicate the defendant guilty of that
charge, and that the written plea agreement be accepted at, or before, the time of sentencing.
Dated: November 12, 2025 	/s/ Ray Kent
RAY KENT
United States Magistrate Judge
NOTICE TO PARTIES
You have the right to de novo review by the district judge of the foregoing findings.
Any application for review must be in writing, must specify the portions of the findings or
proceedings objected to, and must be filed and served no later than fourteen (l4) days after the plea
hearing. See W.D. Mich. LCrR 11.1(b). A failure to file timely objections may result in the waiver
of any further right to seek appellate review of the plea-taking procedure. See Thomas v. Arn, 474
U.S. 140 (1985); Neuman v. Rivers, 125 F.3d 315, 322-23 (6th Cir.), cert. denied, 522 U.S. 1030
(1997); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
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