Opinion
3:23-CR-00033-IM-l
02-09-2023
UNITED STATES OF AMERICA, v. MILTON LEWIS BENNETT, Defendant(s).
FINDINGS AND RECOMMENDATION
ARMISTEAD, MAGISTRATE JUDGE
Defendant requested to enter a plea of guilty under Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure ("FRCP"), and this matter was heard before United States Magistrate Judge Jeffrey Armistead on February 9, 2023, with the consent of the defendant, counsel for the defendant, and counsel for the United States of America.
The hearing on defendant's plea of guilty was in full compliance with FRCP 11, before the Magistrate Judge in open court and on the record.
In consideration of that hearing and the statements made by the defendant under oath on the record and in the presence of counsel, and the remarks of the Assistant United States Attorney and of counsel for the defendant, I FIND as follows:
(1) that the defendant understands the nature of the charges against him to which the pleas are offered;
(2) that the defendant understands that the sentence recommendation set forth in his plea agreement is binding on the Court if the Court accepts his guilty pleas, because the plea agreement was entered into pursuant to FRCP 11(c)(1)(C);
(3) that the defendant understands his right to trial by jury, to persist in his pleas of not guilty, to the assistance of counsel at trial, to confront and cross-examine adverse witnesses, and his right against compelled self-incrimination;
(4) that the defendant understands the maximum possible sentence, including the effect of the supervised release term, and the defendant understands the application of the advisory sentencing guidelines;
(5) that the pleas of guilty by the defendant have been knowingly and voluntarily made and are not the result of force or threats;
(6) that the defendant is competent to plead guilty;
(7) that the defendant understands that his answers may later be used against him in a prosecution for perjury or false statement; and
(8) that there is a factual basis for the defendant's pleas.
CONCLUSION
Accordingly, I RECOMMEND that the Court accept the defendant's guilty pleas.
SCHEDULING ORDER
The Findings and Recommendation will be referred to Judge Karin J. Immergut. Objections, if any, are due within fourteen days. If no objections are filed, the Findings and Recommendation will go under advisement on that date. If objections are filed, a response is due within fourteen days. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement.