Opinion
CRIMINAL ACTION FILE NO. 4:20-cr-27-TWT-WEJ
11-09-2020
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY
Failure to file written objections to this Report and Recommendation within FOURTEEN (14) DAYS after service of a copy of this Report and Recommendation shall bar an aggrieved party from attacking such report and recommendation before the assigned United States District Judge. 28 U.S.C. § 636(b)(1)(B). --------
The defendant, by consent, has appeared before me and has entered a plea of guilty to COUNT(S) One and Two of the Information. After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Fed. R. Crim. Pro. 11, I have determined that the guilty plea was knowing and voluntary, and that the plea to the offense charged is supported by an independent basis in fact establishing each of the essential elements of such offense. I have also determined that the defendant has voluntarily and expressly waived the right to appeal his conviction and sentence and the right to collaterally attack his conviction and sentence in any post-conviction proceeding (including, but not limited to, motions filed pursuant to 28 U.S.C. § 2255) on any ground. I, therefore, RECOMMEND that the plea of guilty be accepted and that the defendant be adjudged guilty and have sentence imposed accordingly.
SO ORDERED, this 9th day of November, 2020.
/s/_________
WALTER E. JOHNSON
UNITED STATES MAGISTRATE JUDGE