United States District Court, W.D. Michigan, Southern Division
January 12, 2015
UNITED STATES OF AMERICA, Plaintiff,
LUANNE LABRIE, Defendant
For LuAnne LaBrie, formerly known as, LuAnne McClain, defendant: Donald Henry Smith, Shaun Patrick Willis, Willis Law, Kalamazoo, MI.
For USA, Plaintiff: Christopher M. O'Connor, LEAD ATTORNEY, U.S. Attorney (Grand Rapids), Grand Rapids, MI.
Honorable Gordon J. Quist.
REPORT AND RECOMMENDATION
PHILLIP J. GREEN, United States Magistrate Judge
Pursuant to W.D. Mich. L. Cr. R. 11.1, I conducted a plea hearing in the captioned case on January 12, 2015, after receiving the written consent of defendant and all counsel. At the hearing, defendant LuAnne LaBrie entered a plea of guilty to a Felony Information in exchange for the undertakings made by the government in the written plea agreement. In the Felony Information, defendant is charged with a Clean Air Act Violation: Failure to Notify Authorities in violation of 42 U.S.C. Section 7413(c)(1) and 40 C.F.R. Section 61.145(b). On the basis of the record made at the hearing, I find that defendant is fully capable and competent to enter an informed plea; that the plea is made knowingly and with full understanding of each of the rights waived by defendant; that it is made voluntarily and free from any force, threats, or promises, apart from the promises in the plea agreement; that the defendant understands the nature of the charge and penalties provided by law; and that the plea has a sufficient basis in fact.
Accordingly, I recommend that defendant's plea of guilty to the Felony Information be accepted, that the court adjudicate defendant guilty, and that the written plea agreement be considered for acceptance at the time of sentencing. Acceptance of the plea, adjudication of guilt, acceptance of the plea agreement, and imposition of sentence are specifically reserved for the district judge.