Opinion
22-14016-Cr-Moore/Reinhart
05-13-2022
UNITED STATES OF AMERICA, v. CHARLES ALEXIS GRANISON, Defendant.
REPORT AND RECOMMENDATION FOLLOWING CHANGE OF PLEA HEARING
BRUCE E. REINHART UNITED STATES MAGISTRATE JUDGE
THIS CAUSE is before the Court upon Order of Reference from U.S. District Judge K. Michael Moore and the consent of the parties for a U.S. Magistrate Judge to accept a guilty plea by Defendant Charles Alexis Granison. The Court held a change of plea hearing on May 12, 2022, which was attended by Defendant, his counsel Caroline McCrae, and Assistant U.S. Attorney Justin Hoover. The Court hereby advises as follows:
1. The Court advised Defendant of his right to have the hearing conducted by the presiding U.S. District Judge assigned to the case. The Court further advised Defendant that his sentence would be imposed by the presiding U.S. District Judge, who would make all findings and rulings regarding such sentence and would conduct a sentencing hearing at a time set by the U.S. District Judge.
2. The Court advised Defendant that he did not have to permit the undersigned to conduct this hearing and could require that the change of plea hearing be conducted by the U.S. District Judge. Defendant and the Assistant United States Attorney assigned to the case agreed on the record and consented to this Court conducting the change of plea hearing. The Court found this consent to be knowing and voluntary.
3. The Court then conducted a plea colloquy in accordance with the outline set forth in the Bench Book for U.S. District Judges and in conformity with the requirements of Federal Rule of Criminal Procedure 11.
4. Defendant acknowledged that he was fully satisfied with the services of his attorney and that he had full opportunity to discuss all facets of his case with his attorney, which he acknowledged that he understood.
5. Defendant pled guilty to count 1 of the Indictment, which charges the Defendant with felon in possession of ammunition, in violation of Title 18, United States Code, Section 922(g)(1).
6. A written plea agreement has been entered into by the parties in this case. This Court reviewed the plea agreement and had the Defendant acknowledge his signature. This Court also made certain that Defendant was aware of any mandatory sentences and maximum sentences which could be imposed in this case pursuant to the plea agreement, sentencing guidelines, and applicable statutes.
7. The parties submitted a Stipulated Factual Proffer Supporting the Guilty Plea, made part of the record and signed by Defendant, his counsel, and the Government. This factual proffer includes all of the essential elements of the offenses to which Defendant pled guilty. The Government orally summarized the factual basis for the plea on the record, including the essential elements of the offense. Defendant acknowledged that all the statements contained therein were true.
8. Defendant has been referred to the U.S. Probation Office for the preparation of a pre-sentence investigation report.
Accordingly, based upon the foregoing and the plea colloquy conducted by this Court, the undersigned RECOMMENDS that Defendant, CHARLES ALEXIS GRANISON, (1) be found to have freely, knowingly, and voluntarily entered a guilty plea to count 1 of the Indictment, (2) that his guilty plea be accepted, (3) that he be adjudicated guilty of the offense, and (4) that a sentencing hearing as scheduled by the U.S. District Judge be conducted for a final disposition of this matter.
NOTICE OF RIGHT TO OBJECT
A party shall serve and file written objections, if any, to this Report and Recommendation with the Honorable K. Michael Moore, United States District Judge for the Southern District of Florida, within FOURTEEN (14) DAYS of being served with a copy of this Report and Recommendation. Failure to timely file objections shall constitute a waiver of a party's "right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions." 11th Cir. R. 3-1 (2016).
DONE AND SUBMITTED.