USA v. Lewis

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
BRIAN DEAN LEWIS,
Defendant.
_____________________________/
Case No. 1:25-cr-158
HON. JANE M. BECKERING
ORDER REGARDING REPORT AND RECOMMENDATION
On November 12, 2025, the United States Magistrate Judge issued a Report and
Recommendation (R&R), accepting Defendant’s plea of guilty, subject to final acceptance of the
plea by the District Judge; reserving acceptance of the plea agreement (ECF No. 6) for the District
Judge; and recommending that the District Judge “reject the so-called ‘Hyde Waiver,’ as against
public policy and void as a matter of law” (R&R, ECF No. 12 at PageID.23–24).
Having reviewed the Report and Recommendation, the Court determines that the
Magistrate Judge’s recommendation to reject the so-called Hyde Waiver in the Plea Agreement is
properly rejected. “It is well settled that a defendant may waive any right, even a constitutional
right, by means of a plea agreement.” United States v. Sawyer, 825 F.3d 287, 291 (6th Cir. 2016)
(citation omitted). 	In addition, the Court determines that the plea agreement must be either
accepted in full or rejected in full. Finally, the Court finds the Hyde Waiver permissible and an
accepted practice within this district. Accordingly:
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IT IS HEREBY ORDERED that:
1. 	The Report and Recommendation of the Magistrate Judge (ECF No. 12) is
APPROVED IN PART and REJECTED IN PART; specifically, the Court rejects the Magistrate
Judge’s recommendation to reject the so-called Hyde Waiver but otherwise approves and adopts
the remainder of the Report and Recommendation as the Opinion of the Court.
2. 	Defendant’s plea of guilty is accepted, and Defendant is adjudicated guilty of the
charge set forth in Count One of the single-count Felony Information.
3. 	The written plea agreement is hereby continued under advisement pending
sentencing.
Dated: December 1, 2025 	/s/ Jane M. Beckering
JANE M. BECKERING
United States District Judge
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