(a) The magistrate judge is authorized to accept waivers of indictment and take guilty pleas
in felony cases with the written consent of the defendant, the defendant’s attorney, and
the Assistant U.S. Attorney. The magistrate judge shall administer the allocution
pursuant to Rule 11 of the Federal Rules of Criminal Procedure. The magistrate judge
shall make written findings as to each of the subjects set forth in Fed. R. Crim. P. 11, the
voluntariness of the guilty plea, and the sufficiency of the factual basis establishing each
of the essential elements of the offense. The magistrate judge is also authorized to order
the preparation of a presentence report pursuant to Fed. R. Crim. P. 32 concerning any
defendant who pleads guilty to felony charges.
(b) The magistrate judge shall also make a written recommendation to the district judge as to
whether or not the district judge should accept the defendant’s plea of guilty. A copy of
the magistrate judge’s written findings and recommendation shall be served on all parties.
Objections to the magistrate judge’s findings and recommendation shall be filed within
fourteen (14) days after having been served with a copy thereof. Any party desiring to
oppose such objections shall have seven (7) days thereafter within which to file and serve
a written response. The district judge shall conduct a de novo review of the magistrate
judge’s findings and recommendations if, but only if, one or both parties file objections to
the findings and recommendations.
(c) Sentencing shall take place before the district judge to whom the case has been assigned.
The district judge shall schedule the sentencing hearing if he or she accepts the
defendant’s guilty plea.
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(d) This rule in no way precludes any district judge from reserving the function of
conducting the proceedings required by Fed. R. Crim. P. 11 in any or all cases assigned to
the district judge.
