Opinion
Crim. No. 12-550(FSH)
01-16-2013
UNITED STATES OF AMERICA v. EBEN CONWAY
REPORT & RECOMMENDATION
This matter having come before the Court by way of referral from the Hon. Faith S. Hochberg to conduct a proceeding pursuant to Fed. R. Crim. P. 11 and to issue a report and recommendation regarding the defendant's entry of a guilty plea; and the Court having considered the written consent by the defendant and defense counsel to have the proceeding before the Undersigned; and the Undersigned having conducted a proceeding pursuant to Fed. R. Crim. P. 11; and as more fully set forth and reflected in the transcript of proceedings dated January 16, 2013, the Court makes the following report:
1. The defendant consented to the entry of a guilty plea before a United States Magistrate Judge, subject to the defendant's ability to file any written objections to the findings and recommendations contained in this report and orally stated at the Rule 11 proceeding and subject to its adoption by the United States District Judge;
2. The defendant fully understood the oath and consequences of failing to tell the truth at the plea hearing;
3. The defendant fully understood the nature of the charges and the consequences of the guilty plea, including the maximum penalties that the defendant faces;
4. The defendant fully understood that while the United States Sentencing Guidelines are not binding, they will be considered;
5. The defendant fully understood the right to plead "not guilty" and to be tried by a jury,