Opinion
CASE NO.: 3:12-CR-154-M (01)
08-23-2012
UNITED STATES OF AMERICA v. RAFAEL BENITEZ-TORRES
REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY
RAFAEL BENITEZ-TORRES, by consent, under authority of United States v. Dees, 125 F.3d 261 (5th Cir. 1997), has appeared before me pursuant to Fed. R. Crim.P. 11, and has entered a plea of guilty to Count(s) 1 of the superseding Indictment. After cautioning and examining RAFAEL BENITEZ-TORRES under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was knowledgeable and voluntary and that the offense(s) charged is supported by an independent basis in fact containing each of the essential elements of such offense. I therefore recommend that the plea of guilty, and the plea agreement, be accepted, and that RAFAEL BENITEZ-TORRES be adjudged guilty and have sentence imposed accordingly.
_______________
IRMA CARRILLO RAMIREZ
UNITED STATES MAGISTRATE JUDGE
NOTICE
Failure to file written objections to this Report and Recommendation within ten (10) 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)(l)(B).