1:23-cr-00049•USA v. Kurtz
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA UNITED STATES OF AMERICA ) ) v. ) No. 1:23-cr-49-TRM/MJD ) RYAN KURTZ ) REPORT AND RECOMMENDATION On January 6, 2026, this Court conducted a plea hearing pursuant to 28 U.S.C. § 636(b). At the hearing, Defendant moved to withdraw his not guilty plea to Count One of the one-count Indictment and entered a plea of guilty to Count One of the Indictment. There is no plea agreement in this case. On the basis of the record made at the hearing, this Court finds: (1) Defendant is fully capable and competent to enter an informed plea; (2) Defendant made the plea knowingly and with full understanding of each of the rights he waived; (3) Defendant made the plea voluntarily and free from any force, threats, or promises; (4) Defendant understands the nature of the charge and penalties provided by law; and (5) the plea has a sufficient basis in fact. Therefore, this Court RECOMMENDS Defendant’s motion to withdraw his not guilty plea to Count One of the one-count Indictment be granted, his plea of guilty to Count One of the Indictment be accepted, and the District Judge adjudicate Defendant guilty of the charges set forth in Count One of the Indictment. This Court further RECOMMENDS Defendant remain in custody until sentencing in this matter. Acceptance of the plea, adjudication of guilt, and imposition of sentence are specifically reserved for the District Judge. Case 1:23-cr-00049-TRM-MJD Document 65 Filed 01/06/26 Page 1 of 2 PageID #: <pageID>
2 ENTER. s/ MIKE DUMITRU UNITED STATES MAGISTRATE JUDGE NOTICE TO PARTIES You have the right to de novo review of the foregoing findings by the district judge. Any application for review must be in writing, must specify the portions of the findings or proceedings objected to, and must be filed and served no later than fourteen days after the plea hearing. Failure to file objections within fourteen days constitutes a waiver of any further right to challenge the plea of guilty in this matter. See 28 U.S.C. §636(b). Case 1:23-cr-00049-TRM-MJD Document 65 Filed 01/06/26 Page 2 of 2 PageID #: <pageID>
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