Opinion
Case No. 4: 16-cr-28-BLW
02-22-2016
UNITED STATES OF AMERICA, Plaintiff, v. CRUZ "KELLY" CHACON, Defendant.
REPORT AND RECOMMENDATION
On February 22, 2016, Defendant appeared before the undersigned United States Magistrate Judge for a plea agreement hearing pursuant to a written plea agreement. Defendant executed a written waiver of the right to have the presiding United States District Judge take her plea. Thereafter, the Court explained to Defendant the nature of the charges, the maximum penalties applicable, her constitutional rights, the effect of the Sentencing Guidelines, and that the District Judge would not be bound by any agreement of the parties as to the penalty to be imposed. Further, the undersigned ordered a presentence report.
Having conducted the plea agreement hearing and having inquired of Defendant and her counsel, and counsel for the United States, the Court concludes that there is a factual basis for Defendant's plea of guilty, and that it was entered voluntarily and with full knowledge of the consequences, and that the plea should be accepted. The undersigned also ordered a pre-sentence investigation to be conducted and a report prepared by the United States Probation Office.
RECOMMENDATION
NOW THEREFORE IT IS HEREBY RECOMMENDED: 1. The District Court accept Defendant's plea of guilty to Count One of the Information (Docket No. 1). 2. The District Court order restitution to the United States Government in the amount of $81,384.00, consistent with Defendant's agreement to pay such restitution, detailed at page 5 of the Plea Agreement (Docket No. 2).
Written objections to this Report and Recommendation must be filed within fourteen (14) days pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.1(b), or as a result of failing to do so, that party may waive the right to raise factual and/or legal objections to the United States Court of Appeals for the Ninth Circuit.
DATED: February 22, 2016
/s/_________
Honorable Ronald E. Bush
U. S. Magistrate Judge