1 

 IN THE UNITED STATES DISTRICT COURT 

 FOR THE SOUTHERN DISTRICT OF OHIO 

 EASTERN DIVISION 

UNITED STATES OF AMERICA 

 vs. Criminal Action 2:18-cr-154(1) 

 JUDGE JAMES L. GRAHAM 

JANETTE M. BRECKENRIDGE 

 

REPORT AND RECOMMENDATION 

 The United States of America and defendant Janette M. 

Breckenridge entered into a plea agreement, executed pursuant to the 

provisions of Rule 11(c)(1)(B) of the Federal Rules of Criminal 

Procedure, whereby defendant agreed to enter a plea of guilty to 

Counts 1 and 2 of the Information, which charges her with conspiracy 

to distribute and to possess with intent to distribute oxycodone, in 

violation of 21 U.S.C. § 846 (Count 1), and conspiracy to commit money 

laundering, in violation of 18 U.S.C. § 1956(h) (Count 2).1 On 

September 13, 2018, defendant, accompanied by her counsel, appeared 

for an arraignment and entry of guilty 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). Defendant also waived her 

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 she entered her guilty pleas, defendant was in full possession of 

 1 The Plea Agreement, ECF No. 18, includes an appellate waiver provision 

which preserves only certain claims for appeal. 
her faculties, was not suffering from any apparent physical or mental 

illness and was not under the influence of drugs or alcohol. 

 Prior to accepting defendant’s pleas, the undersigned addressed 

defendant personally and in open court and determined her competence 

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

understands the nature and meaning of the charges in the Information 

and the consequences of her pleas of guilty to those charges. 

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 pleas are voluntary. Defendant 

acknowledged that the plea agreement signed by her, her attorney and 

the attorney for the United States and filed on July 26, 2018, 

represents the only promises made by anyone regarding the charges 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 her guilty pleas. 

 Defendant confirmed the accuracy of the statement of facts 

supporting the charges, which is attached to the Plea Agreement.2 She 

confirmed that she is pleading guilty to Counts 1 and 2 of the 

Information because she is in fact guilty of those offenses. The 

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

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

and 2 of the Information are knowingly and voluntarily made with 

understanding of the nature and meaning of the charges and of the 

consequences of the pleas. 

 

2 The statement of facts attached to the Plea Agreement is not 

separately signed by either defendant or her counsel. However, the Plea 

Agreement, which incorporates that statement of facts, is signed by both 

defendant and her counsel. Moreover, defendant affirmatively agreed with the 

statement of facts at her arraignment and plea.
3 

 It is therefore RECOMMENDED that defendant’s guilty pleas to 

Counts 1 and 2 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 

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). 

September 13, 2018 s/ Norah McCann King 

 Date Norah McCann King 

 United States Magistrate Judge