Opinion
1:22-cr-00041
03-16-2023
UNITED STATES OF AMERICA v. JOSE MARTIN PEREZ
Charles E. Atchley, District Judge
REPORT AND RECOMMENDATION
Christopher H. Steger, United States Magistrate Judge
Pursuant to 28 U.S.C. § 636(b), the undersigned United States Magistrate Judge conducted a plea hearing in this case on March 15, 2023. At the hearing, Defendant entered a plea of guilty to a lesser included offense of Count One of the eight count Superseding Indictment. On the basis of the record made at the hearing, the Court finds that Defendant is fully competent and capable of entering an informed plea; the plea is made knowingly and with full understanding of each of the rights waived by Defendant; it is made voluntarily and free from any force, threats, or promises; Defendant understands the nature of the charges and penalties provided by law; and the plea has a sufficient basis in fact. Acceptance of the plea, adjudication of guilt, acceptance of the Plea Agreement, and imposition of sentence are specifically reserved for the District Judge.
I therefore recommend that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to a lesser included offense of Count One of the eight count Superseding Indictment; (2) accept Defendant's guilty plea to a lesser included offense of Count One of the eight count Superseding Indictment; (3) adjudicate Defendant guilty of conspiracy to distribute one kilogram or more of a mixture and substance containing a detectable amount of heroin in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A) and 846; and (4) order that Defendant remain in custody pending sentencing or further order of this Court.
The Defendant's sentencing hearing is scheduled before the Honorable United States District Judge Charles E. Atchley on July 13, 2023, at 10:00 a.m. ENTER.
NOTICE TO PARTIES
You have the right to de novo review by the district judge of the foregoing findings. 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 (14) 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).