United States District Court, S.D. Florida
REPORT AND RECOMMENDATION ON CHANGE OF PLEA
S. SNOW UNITED STATES MAGISTRATE JUDGE
CAUSE having come on to be heard upon the Order of Reference
(ECF No. 16) from Chief United States District Judge K.
Michael Moore to the undersigned, to conduct a proceeding for
acceptance of a guilty plea by Defendant, Michael Patrick
Manning in the above referenced case. The undersigned, having
conducted a Change of Plea hearing on August 19, 2019,
recommends to the District Court as follows:
August 19, 2019, the undersigned convened a hearing to permit
Defendant, Michael Patrick Manning to enter a change of plea
in the aforementioned matter. At the outset of the hearing,
the undersigned advised the Defendant of his right to have
these proceedings conducted by the District Judge assigned to
the case. Further, the Defendant was advised that the Change
of Plea hearing was being conducted on an Order of Reference
from the District Judge, at the request of the Defendant, the
Defendant's attorney and the Assistant United States
Attorney assigned to this case. The undersigned further
advised the Defendant that the District Judge assigned to
this case would be the sentencing judge and would make all
findings and rulings concerning the Defendant's sentence.
Defendant was advised that he did not have to permit the
undersigned United States Magistrate Judge to conduct this
hearing and could request that the Change of Plea hearing be
conducted only by a United States District Judge. The
Defendant, the Defendant's attorney and the Assistant
United States Attorney all agreed on the record and consented
to this Court conducting the Change of Plea hearing.
undersigned conducted a plea colloquy in accordance with the
outline set forth in the Bench Book for District Judges.
There is a written Plea Agreement which had been entered into
by the parties in this case. The undersigned reviewed the
Plea Agreement on the record and had the Defendant
acknowledge that he signed the Plea Agreement. This Court
also made certain that the Defendant was aware of any minimum
mandatory sentences and the maximum sentences which could be
imposed in this case pursuant to the Plea Agreement and the
applicable statutes. The Defendant acknowledged that he
understood these possible maximum penalties which could be
imposed in his case.
Defendant, Michael Patrick Manning pled guilty to Count 2 of
the Indictment, which charges him with identity theft in
connection with violation of federal law, in violation of 18
U.S.C. § 1028(a)(7). The Government agreed to seek
dismissal of Counts 1 and 3 as to the Defendant after
Government stated a factual basis for the entry of the plea
which included all of the essential elements of the crime to
which the Defendant is pleading guilty and any sentencing
enhancements and/or aggravating factors that may be
Based on all of the foregoing and the plea colloquy, the
undersigned recommends to the District Judge that Defendant,
Michael Patrick Manning be found to have freely and
voluntarily entered his guilty plea to Count 2 of the
Indictment, as more particularly described herein and that he
be adjudged guilty of that offense.
Presentence Investigation Report is being prepared for the
District Court by the United States Probation Office.
Sentencing has been set for October 28, 2019 at 9:00 a.m.
before the Honorable K. Michael Moore, Chief United States
District Judge, 301 Simonton Street, 1st Floor
Courtroom, Key West, Florida 33040.
the undersigned RECOMMENDS that Defendant, Michael Patrick
Manning's plea of guilty be accepted, the Defendant be
adjudged guilty of the offense to which he has entered his
plea of guilty and that a sentencing hearing be conducted for
final disposition of this matter.
parties will have fourteen (14) days from the date of being
served with a copy of this Report and Recommendation within
which to file written objections, if any, with the Honorable
K. Michael Moore, Chief United States District Judge. Failure
to file objections timely shall bar the parties from a de
novo determination by the District Judge of an issue
covered in the Report and shall bar the parties from
attacking on appeal unobjected-to factual and legal
conclusions contained therein, except upon grounds of plain
error if necessary in the interest of ...