U.S. v. DANIELS

Case No. 1:16-cr-00104.

UNITED STATES OF AMERICA, Plaintiff, v. TRACY DARIN DANIELS, Defendant.

United States District Court, W.D. Michigan, Southern Division.


Attorney(s) appearing for the Case

John Gerald Oakley, defendant, represented by Mary Chartier-Mittendorf , Alane & Chartier PLC.

Tracy Darin Daniels, defendant, represented by Donald A. Davis , Springstead Bartish & Borgula, Gary K. Springstead , Springstead & Bartish PLLC & Heath Michael Lynch , Springstead Bartish & Borgula.

USA, Plaintiff, represented by Hagen W. Frank , U.S. Attorney & Sally J. Berens , U.S. Attorney.


REPORT AND RECOMMENDATION

PHILLIP J. GREEN, Magistrate Judge.

Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on April 27, 2017, after receiving the written consent of defendant and all counsel. At the hearing, defendant Tracy Darin Daniels entered a plea of guilty to the superseding Information in exchange for the undertakings made by the government in the written plea agreement. In the superseding Information, defendant is charged with engaging in a misprision of bankruptcy conspiracy in violation of 18 U.S.C. §§ 4 and 157(2) and (3). On the basis of the record made at the hearing, I find that defendant is fully capable and competent to enter an informed plea; that the plea is made knowingly and with full understanding of each of the rights waived by defendant; that it is made voluntarily and free from any force, threats, or promises, apart from the promises in the plea agreement; that the defendant understands the nature of the charge and penalties provided by law; and that the plea has a sufficient basis in fact.

Accordingly, I recommend that defendant's plea of guilty to the superseding Information be accepted, that the court adjudicate defendant guilty, and that the written plea agreement be considered for acceptance at the time of sentencing. Acceptance of the plea, adjudication of guilt, acceptance of the plea agreement, and imposition of sentence are specifically reserved for the district judge.


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