Opinion
4:19-cr-00081-SMR-HCA-2
03-03-2021
UNITED STATES OF AMERICA, Plaintiff, v. GUSTAVO MARTINEZ, Defendant.
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY
The United States of America and the Defendant, having both filed a written consent, appeared before me pursuant to Rule 11, Fed. R. Crim. P. and L. Cr. R. 11. The Defendant entered a plea of guilty to Count 1 of the Second Superseding Indictment. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was knowing and voluntary as to each count, and that the offense charged is supported by an independent factual basis concerning each of the essential elements of such offense. Defendant understands and agrees to be bound by the terms of the plea agreement. I, therefore, recommend that the plea of guilty be accepted, that a pre-sentence investigation and report be prepared, and that the Defendant be adjudged guilty and have sentence imposed accordingly. Date: March 3, 2021
/s/_________
HELEN C. ADAMS
CHIEF U.S. MAGISTRATE JUDGE
NOTICE
Failure to file written objections to this Report and Recommendation within fourteen (14) days from the date of its service shall bar an aggrieved party from attacking such Report and Recommendation before the assigned United States District Judge. 28 U.S.C. § 636(b)(1)(B).