Opinion
CAUSE NO.: 2:20-CR-82-TLS-JPK
11-18-2020
UNITED STATES OF AMERICA, Plaintiff, v. DEVION JONES, Defendant.
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON PLEAS OF GUILTY BY DEFENDANT DEVION JONES TO: THE HONORABLE THERESA L. SPRINGMANN, DISTRICT JUDGE, UNITED STATES DISTRICT COURT
Upon Defendant's request to enter pleas of guilty pursuant to Rule 11 of the Federal Rules of Criminal Procedure, this matter came for hearing before U.S. Magistrate Judge Joshua P. Kolar, on November 17, 2020, with the written consent of Defendant, counsel for Defendant, and counsel for the United States of America.
The hearing on Defendant's pleas of guilty was in full compliance with Rule 11, Federal Rules of Criminal Procedure, before the Magistrate Judge in open court and on the record.
In consideration of that hearing and the statements made by Defendant under oath on the record and in the presence of counsel, the remarks of the Assistant United States Attorney and of counsel for Defendant,
I FIND as follows:
(1) that Defendant understands the nature of the charges against him to which the pleas are offered;
(2) that Defendant understands his right to trial by jury, to persist in his pleas of not guilty, to the assistance of counsel at trial, to confront and cross-examine adverse witnesses, and his right against compelled self-incrimination;
(3) that Defendant understands what the maximum possible sentences and any mandatory minimum sentences are, including the effect of the supervised release terms, and Defendant understands that the sentencing guidelines apply and that the Court may depart from those guidelines under some circumstances;
(4) that the pleas of guilty by Defendant have been knowingly and voluntarily made and are not the result of force or threats or of promises;
(5) that Defendant is competent to plead guilty;
(6) that Defendant understands that his answers may later be used against him in a prosecution for perjury or false statement;
(7) that there are factual bases for Defendant's pleas; and further,
I RECOMMEND that the Court accept Defendant's pleas of guilty and that Defendant be adjudged guilty of the offenses charged in Counts 3 and 9 of the Indictment and have sentences imposed. A Presentence Report has been ordered. Should this Findings and Recommendation be accepted and Defendant adjudged guilty, sentencing will be scheduled before District Judge Theresa L. Springmann by separate order and notice. Objections to the Findings and Recommendation are waived unless filed and served within fourteen days. 28 U.S.C. § 636(b)(1).
So ORDERED this 18th day of November, 2020.
s/ Joshua P. Kolar
MAGISTRATE JUDGE JOSHUA P. KOLAR
UNITED STATES DISTRICT COURT cc: Honorable Theresa L. Springmann