1 

 IN THE UNITED STATES DISTRICT COURT 

 FOR THE SOUTHERN DISTRICT OF OHIO 

 EASTERN DIVISION 

UNITED STATES OF AMERICA 

 vs. Criminal Action 2:18-99(1) 

 JUDGE ALGENON L. MARBLEY 

DION ROOSVELT McCLENDON 

 

REPORT AND RECOMMENDATION 

 Defendant Dion Roosvelt McClendon previously pleaded not guilty 

to a Superseding Indictment charging him with 7 counts of violation of 

federal law. Superseding Indictment, ECF No. 19. The United States of 

America and defendant thereafter 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 (charging conspiracy to commit bank fraud in 

violation of 18 U.S.C. § 1349), Count 6 (charging bank fraud in 

violation of 18 U.S.C. § 1344), Count 9 (charging attempted bank fraud 

in violation of 18 U.S.C. § 1344(2)), and Count 11 (charging 

threatening to assault a federal law enforcement officer in violation 

of 18 U.S.C. § 115(a)(1), (b)(1)). Plea Agreement, ECF No. 61.1 On 

April 3, 2019, defendant, accompanied by his counsel, appeared for a 

change of plea proceeding. 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). 

 1 Under the Plea Agreement, defendant agreed to a restitution obligation 

and to a forfeiture money judgment. The Plea Agreement also includes an 

appellate waiver provision which preserves only certain claims for appeal or 

collateral challenge. 
 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 charges returned in the 

Superseding Indictment and the consequences of his plea of guilty to 

Counts 1, 6, 9, and 11. 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 March 11, 2019, represents the only 

promises made by anyone regarding the charges in the Superseding 

Indictment. 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 statement of facts 

supporting the charge, which is attached to the Plea Agreement. He 

confirmed that he is pleading guilty to Counts 1, 6, 9, and 11 of the 

Superseding Indictment because he is in fact guilty of those offenses.

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

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

6, 9, and 11 of the Superseding Indictment is knowingly and 

voluntarily made with understanding of the nature and meaning of the 

charge and of the consequences of the plea. 
3 

 It is therefore RECOMMENDED that defendant’s guilty plea to 

Counts 1, 6, 9, and 11 of the Superseding Indictment 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 

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). 

April 3, 2019 s/ Norah McCann King 

 Date Norah McCann King 

 United States Magistrate Judge