March 23, 2010
This matter was referred to United States Magistrate Clifford J. Proud for the specific purpose of conducting a change of plea for Defendant Madden, pursuant to 28 U.S.C. § 636, LOCAL RULE 72.1(b)(2) and Defendant Madden's consent (Doc. 135). Pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11, the change of plea hearing was held on March 5, 2010 (Doc. 136). During the change of plea, Defendant Madden pleaded guilty to the sole count of the Indictment, conspiracy to manufacture methamphetamine, following a thorough colloquy with Judge Proud. Thereafter, Judge Proud issued a Report and Recommendation ("the Report") recommending that the Court accept Defendant Madden's plea of guilty (Doc. 137).
In accordance with 28 U.S.C. § 636(b)(1)(B), the parties were allowed fourteen days to file written objections. As of this date, neither party has filed an objection. Therefore, the Court ADOPTS the Report in its entirety. Thus, it is the finding of the Court in the case of United States v. Steven H. Madden, that Defendant Madden was fully competent and capable of entering an informed plea, that Defendant Madden was aware of the nature of the charges and the consequences of the plea, and that the plea of guilty was a knowing and voluntary plea supported by an independent basis in fact containing each of the essential elements of the offense. Accordingly, the Court ACCEPTS the guilty plea and ADJUDGES Steven H. Madden GUILTY on the sole count of the Indictment. The Court REMINDS the parties that this matter for sentencing on June 11, 2010 at 9:00 a.m.
IT IS SO ORDERED.