Opinion
CR-16-58-BLG-SPW-CSO-01
11-01-2016
UNITED STATES OF AMERICA, Plaintiff, v. DUSTIN STEWART BRUSSE, Defendant.
FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE
The Defendant, by consent, appeared before me under Fed. R. Crim. P. 11 and entered a plea of guilty to Count II of the Indictment, which charges the crime of Possession of Methamphetamine with Intent to Distribute in violation of 21 U.S.C. Section 841(a)(1), and Count V of the Indictment, which charges the crime of Felon in Possession of a Firearm, in violation of 18 U.S.C. Section 922(g)(1). After examining the Defendant under oath, the Court determined:
1. That the Defendant is fully competent and capable of entering an informed and voluntary plea to the criminal offense charged against him;
2. That the Defendant is aware of the nature of the charge against him and the consequences of pleading guilty to the charge;
3. That the Defendant fully understands his pertinent constitutional rights and the extent to which he is waiving those rights by pleading guilty to the criminal offense charged against him; and
4. That his plea of guilty to the criminal offense charged against him is knowingly and voluntarily entered, and is supported by independent factual grounds sufficient to prove each of the essential elements of the offense charged.
The Court further concludes that the Defendant had adequate time to review the Plea Agreement with counsel, that Defendant fully understands each and every provision of the agreement and that all of the statements in the Plea Agreement are true.
Therefore, I recommend that the Defendant be adjudged guilty of the Counts II and V of the Indictment and that sentence be imposed.
Objections to these Findings and Recommendation are waived unless filed and served within fourteen (14) days after the filing of the Findings and Recommendation. 28 U.S.C. § 636(b)(1)(B); Fed. R. Crim. P 59(b)(2).
DATED this First Day of November, 2016.
/s/ Carolyn S . Ostby
United States Magistrate Judge