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-158 JUDGE ALGENON L. MARBLEY 

CHRISTOPHER DIJON MOORE 

 

REPORT AND RECOMMENDATION 

 Defendant previously pleaded not guilty to an Indictment charging 

him with three drug-related offenses in violation of 21 U.S.C. § 841 

(Counts 1-3), and one count of being a felon in possession of 

ammunition in violation of 18 U.S.C. § 922(g)(1). Indictment, ECF No. 

2. The Indictment also includes a forfeiture count. Id. The United 

States of America and defendant thereafter entered into a plea 

agreement, executed pursuant to the provisions of Rule 11(c)(1)(C) of 

the Federal Rules of Criminal Procedure,1 whereby defendant agreed to 

enter a plea of guilty to Counts 3 and 4 of the Indictment. On 

February 20, 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). 

 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 

 1 The Plea Agreement, ECF No. 13, includes an appellate waiver provision 

that preserves only certain issues for appeal or collateral challenge. Under 

the Plea Agreement, defendant also agrees not to contest the forfeiture 

provision contained in the Indictment. 
his 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 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 in the Indictment

and the consequences of his plea of guilty to Counts 3 and 4. 

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 20, 2018, represents the 

only promises made by anyone regarding the charges in the Indictment. 

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

plea agreement. Defendant was further advised that, if the Court 

refuses to accept the plea agreement, defendant will have the 

opportunity to withdraw his guilty plea but that, if he does not 

withdraw his guilty plea, the District Judge may impose a sentence 

that is more severe than the sentence contemplated in the plea 

agreement, up to the statutory maximum. 

 Defendant confirmed the accuracy of the statement of facts 

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

confirmed that he is pleading guilty to Counts 3 and 4 of the 

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 3 

and 4 of the Indictment is knowingly and voluntarily made with 

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

consequences of the plea. 

 It is therefore RECOMMENDED that defendant’s guilty plea to 

Counts 3 and 4 of the Indictment be accepted. Decision on acceptance 
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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). 

February 20, 2019 s/ Norah McCann King 

 Date Norah McCann King 

 United States Magistrate Judge