1 

 IN THE UNITED STATES DISTRICT COURT 

 FOR THE SOUTHERN DISTRICT OF OHIO 

 EASTERN DIVISION 

UNITED STATES OF AMERICA 

 FILED UNDER SEAL 

 vs. Criminal Action 2:17-cr-285(1) 

 JUDGE JAMES L. GRAHAM 

ABDIKARIN ALI 

 

REPORT AND RECOMMENDATION 

 The United States of America and defendant Abdikarin Ali1

 entered 

into a plea agreement, executed pursuant to the provisions of Rule 

11(c)(1)(A) of the Federal Rules of Criminal Procedure, whereby 

defendant agreed to enter a plea of guilty to Count 1 of the 

Information, which charges him with making false statements in 

connection with health care benefits in violation of 18 U.S.C. §§ 

1035, 2.2

 On January 9, 2018, defendant, accompanied by his counsel, 

appeared for an initial appearance, arraignment, and entry of guilty 

plea. 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 

 1 The body of the Information, ECF No. 3, reverses the order of 

defendant’s names. The parties agreed at the hearing that this is a 

typographical error, and the Government’s unopposed oral motion to amend the 

Information to correct that error was granted. 2

 Under the Plea Agreement, ECF No. 4, defendant agrees to a restitution 

obligation and acknowledges that deportation is likely. The Plea Agreement

also includes an appellate waiver provision which preserves only certain 

claims for appeal but which does not limit defendant’s right to pursue a 

claim under 28 U.S.C. § 2255. The parties have entered into a Pretrial 

Diversion Agreement, ECF. No. 5. That agreement was amended at the hearing to 

provide that the $100 special assessment (erroneously referred to as the 

“cost of prosecution,” id. at p. 4) is to be paid to the Office of the Clerk 

of the Court. 

Case: 2:17-cr-00285-JLG Doc #: 16 Filed: 01/09/18 Page: 1 of 3 PAGEID #: 34
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 Fed. 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. 

 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 in the Information 

and the consequences of his plea of guilty to that charge. 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 December 18, 2017, 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, which is attached to the 

Plea Agreement. He confirmed that he is pleading guilty to Count 1 of 

the Information because he is in fact guilty of that offense. The 

Court concludes that there is a factual basis for the plea. 

 The Court concludes that defendant’s plea of guilty to Count 1 of 

the Information is knowingly and voluntarily made with understanding 

Case: 2:17-cr-00285-JLG Doc #: 16 Filed: 01/09/18 Page: 2 of 3 PAGEID #: 35
3 

of the nature and meaning of the charge and of the consequences of the 

plea. 

 It is therefore RECOMMENDED that defendant’s guilty plea to Count 

1 of the Information be accepted. Decision on acceptance or rejection 

of the plea agreement was deferred for consideration by the District 

Judge. 

In light of the Pretrial Diversion Agreement, the case will not 

be referred at this time for the preparation of a presentence 

investigation report. 

 

 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). 

January 9, 2018 s/ Norah McCann King 

 Date Norah McCann King 

 United States Magistrate Judge

Case: 2:17-cr-00285-JLG Doc #: 16 Filed: 01/09/18 Page: 3 of 3 PAGEID #: 36