Opinion
Case No. CR-19-36-GF-BMM-JTJ
06-26-2019
UNITED STATES OF AMERICA, Plaintiff, v. JERAL EDGAR JOHNSON, Defendant.
FINDINGS AND RECOMMENDATION CONCERNING PLEA
The Defendant, by consent, has appeared before the undersigned pursuant to Fed. R. Crim. P. 11 and has entered a plea of guilty to the charge of Domestic Abuse by Habitual Offender in violation of 18 U.S.C. § 117(a), as set forth in the Indictment. After examining the Defendant under oath, I have made the following determinations:
1. That the Defendant is fully competent and capable of entering an informed and voluntary plea,
2. That the Defendant is aware of the nature of the charge against him in Count I and consequences of pleading guilty to the charge,
3. That the Defendant fully understands his constitutional rights, and the extent to which he is waiving those rights by pleading guilty, and
4. That the plea of guilty is a knowing and voluntary plea, supported by an independent basis in fact sufficient to prove each of the essential elements of the offense charged in Count I of the Indictment.
Therefore, I recommend that the Defendant be adjudged guilty of Count I of the Indictment and that sentence be imposed. A presentence report has been ordered.
This report is forwarded with the recommendation that the Court defer a decision regarding acceptance until the Court has reviewed the presentence report.
DATED this 26th day of June, 2019.
/s/_________
John Johnston
United States Magistrate Judge