USA v. Kurtz

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.
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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).
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