UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION AT DAYTON 

UNITED STATES OF AMERICA, 

Plaintiff, 

vs. 

MARCOS GALVEZ, 

Defendant. 

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Case No. 3:18-cr-00028 

District Judge Walter H. Rice 

Magistrate Judge Sharon L. Ovington 

REPORT AND RECOMMENDATIONS1

 This case came before the Court for a plea hearing on March 28, 2018. Assistant 

United States Attorney Amy Smith appeared and represented the Government, and Jose 

Lopez appeared and represented Defendant. Defendant was present with counsel. 

Prior to the hearing, the parties entered into a proposed binding plea agreement 

pursuant to Fed. R. Crim. P. 11(c)(1)(C), which agreement has been filed of record. 

(Doc. #3). Under the terms of the plea agreement, Defendant agreed to plead guilty as 

charged in the Information currently pending against him, which charges him with Theft 

of a Firearm from a Federal Firearms Licensee in violation of Title 18 U.S.C. § 922(u). 

During the plea hearing, the undersigned had the opportunity to address Defendant 

in open court and to inform Defendant of all rights and privileges as set forth in Fed. R. 

Crim. P. 11(b)(1). Further, the undersigned carefully inquired of Defendant regarding his 

understanding of the agreement, as well as his competence to understand the agreement. 

 

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 Attached is a NOTICE to the parties regarding objections to this Report and Recommendations. 
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Having fully inquired, the undersigned Judicial Officer finds that Defendant’s tendered 

plea of guilty as charged in the Information was knowing, intelligent, and voluntary. 

Additionally, based upon the statement of facts, which were read into the record and 

affirmed by Defendant, the undersigned finds that there is a sufficient factual basis for 

finding that Defendant is in fact guilty of Theft of a Firearm from a Federal Firearms 

Licensee in violation of Title 18 U.S.C. § 922(u). 

Based upon the foregoing, it is RECOMMENDED that the District Court accept 

Defendant’s plea of guilty as charged in the Information currently pending against him 

and find him guilty as charged of Theft of a Firearm from a Federal Firearms Licensee in 

violation of Title 18 U.S.C. § 922(u). 

 Defendant has been referred to the Probation Department for a pre-sentence 

investigation and report. 

April 2, 2018 s/Sharon L. Ovington 

 Sharon L. Ovington 

 United States Magistrate Judge 
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NOTICE REGARDING OBJECTIONS 

Pursuant to Fed. R. Crim. P. 59(b)(2), any party may serve and file specific, 

written objections to the proposed findings and recommendations within FOURTEEN

days after being served with this Report and Recommendations. Such objections shall 

specify the portions of the Report objected to and shall be accompanied by a 

memorandum of law in support of the objections. If the Report and Recommendation is 

based in whole or in part upon matters occurring of record at an oral hearing, the 

objecting party shall promptly arrange for the transcription of the record, or such portions 

of it as all parties may agree upon or the Magistrate Judge deems sufficient, unless the 

assigned District Judge otherwise directs. A party may respond to another party’s 

objections within FOURTEEN days after being served with a copy thereof. 

Failure to make objections in accordance with this procedure may forfeit rights on 

appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947, 

949-50 (6th Cir. 1981).