Opinion
No. 18-4220-PO
01-22-2020
United States of America, Plaintiff, v. Shane Carter Goldtooth, Defendant.
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON ADMISSION TO THE HONORABLE DEBORAH M. FINE, UNITED STATES MAGISTRATE JUDGE.
Upon Defendant's request to enter an admission to an unsupervised probation violation, pursuant to Rule 11, of the Federal Rules of Criminal Procedure, this matter came on for hearing before United States Magistrate Judge Michelle H. Burns on January 17, 2020, with the written consents of Defendant, counsel for Defendant, and counsel for the United States of America
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 Defendant,
(A) I FIND as follows:
(1) that Defendant understands the nature of the probation violation and the nature of the violation to which Defendant is admitting;
(2) that Defendant understands the right to deny the allegation and to persist in the denial and have a revocation hearing, and that Defendant understands the right to the assistance of counsel at a revocation hearing and at every other stage of the proceedings, to confront and cross-examine adverse witnesses, to testify and present evidence, to compel the attendance of witnesses and the right against compelled self-incrimination;
(3) that Defendant understands that admitting a probation violation waives the right to a revocation hearing;
(4) that Defendant understands that statements under oath may later be used in a prosecution for perjury or false statement;
(5) that Defendant understands the maximum disposition for the probation violation, including imprisonment, fine and supervised release, and where applicable, any mandatory minimum penalties; that Defendant also understands that the disposition guidelines are advisory, not mandatory, and the Judge may depart from those guidelines under some circumstances;
(6) that Defendant's admission to violating probation have been knowingly, intelligently and voluntarily made and is not the result of force or threats or of promises between the parties;
(7) that Defendant is competent to admit to a probation violation;
(8) that there is a factual basis for Defendant's admission; and
(9) that Defendant is satisfied with the representation provided by defense counsel; and further,
(B) I RECOMMEND that the Defendant's admission be accepted.
ORDER
IT IS ORDERED that any objection to the admission proceedings and any requests for supplementation of those proceedings must be made by the parties in writing and shall be specific as to the objections or requests made. All objections or requests for supplementation shall be filed within fourteen (14) days of the date of service of a copy of these findings unless extended by an Order of the assigned Judge.
IT IS FURTHER ORDERED no more than ten (10) character letters shall be submitted by defense counsel in criminal cases, unless otherwise ordered by the court.
IT IS FURTHER ORDERED original letters must be submitted by defense counsel in paper form with the original to the U.S. Probation Office and copies to the disposition judge and opposing counsel at least five (5) business days prior to the hearing. Character letters shall not be mailed directly to the disposition judge by any family members or other persons writing in support of the defendant. Character letters or a notice of such shall not be filed electronically unless otherwise ordered by the court.
IT IS FURTHER ORDERED that any motions for upward departure, downward departure and disposition memoranda must be filed, at least, seven (7) business days prior to the disposition date. Responses are due, three (3) business days prior to the disposition date. Any motion to continue disposition must be filed promptly upon discovery of the cause for continuance and must state the cause with specificity. Motions to continue disposition filed less than fourteen (14) days before disposition are disfavored. If either party intends to call a speaker at the disposition hearing, other than the Defendant, counsel must notify the Courtroom Clerk at least three (3) business days in advance.
DATED this 22nd day of January, 2020.
/s/_________
Honorable Michelle H. Burns
United States Magistrate Judge