USA v. Hughes, et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
UNITED STATES OF AMERICA 	PLAINTIFF
v. 	Case No. 2:20-cr-20008-002
BRENT PRESLEY 	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 change of plea hearing pursuant to Rule 11 of the Federal Rules of Criminal Procedure. Such a
hearing was conducted on November 4, 2020, and, pursuant to a written Plea Agreement, the
Defendant entered a plea of guilty to Count Three of the Indictment. 	Pursuant to the Plea
Agreement, the Government will move to dismiss the remaining Counts of the Indictment once
the Court has pronounced sentence.
The Plea Agreement states, inter alia, that the Defendant agrees to pay restitution in the
amount of $5,939.50 to the United States Forest Service, which is one-half the total amount of
restitution of $11,879.00 calculated by the United States Forest Service, caused by Defendant’s
criminal conduct, even if such losses resulted from crimes not charged in the Indictment or
admitted by Defendant.
After conducting the hearing in the form and manner prescribed by Rule 11, the
undersigned finds:
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1. 	The Defendant, after consultation with his counsel, has knowingly and voluntarily
consented, on the record at the hearing, to the entry of his guilty plea before the undersigned, with
the plea being subject to final approval by Chief U. S. 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.
3. 	The Defendant is fully competent and capable of entering an informed plea; the
Defendant is aware of the nature of the charges, the applicable maximum penalties, and the
consequences of the 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 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 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, on the record, 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: November 4, 2020.
/s/ Mark E. Ford
HONORABLE MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
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