USA v. Bermingham, et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
UNITED STATES OF AMERICA PLAINTIFF
VS. CRIMINAL NO. 3:23-30011-002
LEVY DERRICK MCGEE 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 April 23, 2024, and, pursuant to a written plea agreement, the Defendant, Levy Derrick
McGee, entered a plea of guilt to Count Four of the Indictment, charging him with the offense of
possession with the intent to distribute a mixture or substance containing a detectable amount of
methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 841(a)(1).
After conducting the hearing in the form and manner prescribed by Rule 11, the undersigned
finds:
1. The Defendant, after consultation with his counsel, has knowingly and voluntarily
consented, both in writing in the plea agreement and on the record at the hearing, to the entry of his
guilty plea before the undersigned, with Defendant’s plea of guilt subject to final approval by United
States District Judge Timothy L. Brooks.
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. (ECF No.51).
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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 charges, the applicable maximum penalties, and the
consequences of the plea; Defendant is fully satisfied with his counsel and has had sufficient time
to consult with counsel; and Defendant’s plea of guilt 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, both in writing in the plea agreement 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 in the plea agreement, their right to file objections.
6. Based on the foregoing, the undersigned recommends that Defendant’s guilty plea
be accepted. The written plea agreement will be subject to approval by the District Judge at
sentencing.
DATED this 23rd day of April 2024.
__________________________________
CHRISTY COMSTOCK
UNITED STATES MAGISTRATE JUDGE
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