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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

UNITED STATES OF AMERICA

vs. Criminal Action 2:13-cr-146

Judge Graham

ARTHUR R. BROWN

REPORT AND RECOMMENDATION

The United States of America and defendant Arthur R. Brown 

entered into a plea agreement whereby defendant agreed to enter a plea 

of guilty to Count One of an Information charging with failing to 

update his registration under the Sex Offender Registration and 

Notification Act after having traveled in interstate commerce in 

violation of 18 U.S.C. § 2250(a). On July 2, 2013, defendant, 

accompanied by his counsel, appeared for an arraignment. Defendant 

consented, pursuant to 28 U.S.C. §636(b)(3), to enter a guilty plea 

before a Magistrate Judge. See United States v. Cukaj, 2001 WL 

1587410 at *1 (6th Cir. 2001) [Magistrate Judge may accept a guilty 

plea with the express consent of the defendant and where no objection 

to the report and recommendation is filed]; United States v. Torres, 

258 F.3d 791, 796 (8th Cir. 2001); United States v. Dees, 125 F.3d 261, 

263-69 (5th Cir. 1997); United States v. Ciapponi, 77 F.3d 1247, 1251 

(10th Cir. 1996). Defendant also waived his right to an indictment in 

open court and after being advised of the nature of the charge and of 

his rights. See F.R. Crim. P. 7(b). 

During the plea proceeding, the undersigned observed the 

appearance and responsiveness of defendant in answering questions. 

Based on that observation, the undersigned is satisfied that, at the 

time he entered his guilty plea, defendant was in full possession of 

his faculties, was not suffering from any apparent physical or mental 

illness, and was not under the influence of narcotics or alcohol. 

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Prior to accepting defendant’s plea, the undersigned addressed 

defendant personally and in open court and determined his competence 

to plead. Based on the observations of the undersigned, defendant 

understands the nature and meaning of the charge returned in the 

Information and the consequences of the plea. Defendant was also 

addressed personally and in open court and advised of each of the 

rights referred to in Rule 11 of the Federal Rules of Criminal 

Procedure. 

Having engaged in the colloquy required by Rule 11, the Court 

concludes that defendant’s plea is voluntary. Defendant acknowledged 

that the plea agreement signed by him, his attorney and the attorney 

for the United States and filed on June 13, 2013 represents the only 

promises made by anyone regarding the charge in the Information. 

Defendant was advised that the District Judge may accept or reject the 

plea agreement and that, even if the Court refuses to accept any 

provision of the plea agreement not binding on the Court, defendant 

may nevertheless not withdraw his guilty plea. 

Defendant confirmed the accuracy of the material aspects of the 

statement of facts supporting the charge. He confirmed that he is 

pleading guilty to Count One of the Information because he is in fact 

guilty of the offense charged in the Information. The Court concludes 

that there is a factual basis for the plea. 

The Court concludes that defendant’s plea of guilty to Count One

of the Information is knowingly and voluntarily made with 

understanding of the nature and meaning of the charge and of the 

consequences of the plea. 

It is therefore RECOMMENDED that defendant Arthur R. Brown’s 

guilty plea to Count One of the Information be accepted. Decision on 

acceptance or rejection of the plea agreement was deferred for 

consideration by the District Judge after the preparation of a 

presentence investigation report. 

In accordance with S.D. Ohio Crim. R. 32.1, and as expressly 

agreed to by defendant through counsel, a written presentence 

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investigation report will be prepared by the United States Probation 

Office. Defendant will be asked to provide information; defendant’s 

attorney may be present if defendant so wishes. Objections to the 

presentence report must be made in accordance with the rules of this 

Court. 

If any party seeks review by the District Judge of this Report 

and Recommendation, that party may, within fourteen (14) days, file 

and serve on all parties objections to the Report and Recommendation, 

specifically designating this Report and Recommendation, and the part 

thereof in question, as well as the basis for objection thereto. 28 

U.S.C. §636(b)(1); F.R. Civ. P. 72(b). Response to objections must be 

filed within fourteen (14) days after being served with a copy 

thereof. F.R. Civ. P. 72(b). 

The parties are specifically advised that failure to object to 

the Report and Recommendation will result in a waiver of the right to 

de novo review by the District Judge and of the right to appeal the 

decision of the District Court adopting the Report and Recommendation. 

See Thomas v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Federation of

Teachers, Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United States 

v. Walters, 638 F.2d 947 (6th Cir. 1981).

 s/ Norah McCann King 

July 2, 2013 Norah McCann King

 United States Magistrate Judge

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