USA v. Smith

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
UNITED STATES OF AMERICA,
Plaintiff, Case No. 3:26-cr-38
vs.
JASON J. SMITH, District Judge Michael J. Newman
Magistrate Judge Peter B. Silvain, Jr.
Defendant.
ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED
STATES MAGISTRATE JUDGE (Doc. No. 26); (2) ACCEPTING DEFENDANT’S PLEA
OF GUILTY AS CHARGED IN COUNT ONE OF THE INDICTMENT; (3) DEFERRING
THE DECISION OF WHETHER TO ACCEPT THE PLEA AGREEMENT UNTIL THE
SENTENCING HEARING; AND (4) ADVISING COUNSEL FOR BOTH SIDES THAT
VOLUNTARY SURRENDER IS ONLY AVAILABLE IN LIMITED CIRCUMSTANCES
AND DEFENDANTS ON BOND ARE TYPICALLY TAKEN INTO CUSTODY AT THE
CONCLUSION OF THE SENTENCING HEARING
This criminal case is before the Court on the Report and Recommendation (“R&R”) of the
United States Magistrate Judge (Doc. No. 26), recommending that the Court accept Defendant’s
guilty plea. There being no objections and for good cause shown, the Court ADOPTS the R&R
in full. The Court ACCEPTS Defendant’s plea of guilty as charged in Count 1 of the Indictment,
which charges him with being a felon in possession of a firearm, in violation of 18 U.S.C.
§§ 922(g)(1) and 924(a)(8). The Court DEFERS the decision of whether to accept the parties’
plea agreement until the sentencing hearing. Counsel for both sides are ADVISED that voluntary
surrender is only available in limited circumstances, see 18 U.S.C. § 3142, and Defendants on
bond are typically taken into custody at the conclusion of the sentencing hearing.
IT IS SO ORDERED
October 13, 2026 s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge
Case: 3:26-cr-00038-MJN Doc #: 27 Filed: 10/13/26 Page: 1 of 1 PAGEID #: <pageID>