Opinion
2:23-CR-26
07-28-2023
UNITED STATES OF AMERICA, Plaintiff, v. ANA ISABEL RIVERA, Defendant.
REPORT AND RECOMMENDATION
Cynthia Richardson Wyrick United States Magistrate Judge
Pursuant to 28 U.S.C. § 636(b), I conducted a plea hearing in this case on July 27, 2023. At the hearing, Defendant entered a plea of guilty to Count One of the Indictment. She entered her plea with a plea agreement. On the basis of the record made at the hearing, I find Defendant is fully capable and competent to enter an informed plea; the plea is made knowingly and with full understanding of each of the rights waived by Defendant; the plea is made voluntarily and free from any force, threats, or promises, apart from the promises contained in the plea agreement; Defendant understands the nature of the charge and penalties provided by law; and the plea has a sufficient basis in fact.
For these reasons, I RECOMMEND that Defendant's plea of guilty to Count One of the Indictment be accepted and that the Court adjudicate Defendant guilty of the charge set forth in that count. Additionally, the United States Probation Office advised that Defendant has been fully compliant with her conditions of release to date, and the United States advised that it did not oppose Defendant remaining on release pending sentencing. In considering the recommendation of the United States Probation Office, the lack of objection by the United States, and applicable law, I further RECOMMEND that Defendant remain on release pending sentencing in this matter. The parties have been advised that acceptance of the plea, adjudication of guilt, and imposition of sentence are specifically reserved for the district judge.