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United States v. Lopez

United States District Court, District of Montana
Feb 16, 2023
CR 22-35-BU-DLC (D. Mont. Feb. 16, 2023)

Opinion

CR 22-35-BU-DLC

02-16-2023

UNITED STATES OF AMERICA, Plaintiff, v. MELVIN OMAR GARCIA LOPEZ, Defendant.


FINDINGS AND RECOMMENDATION CONCERNING PLEA

Kathleen L. Desoto United States Magistrate Judge

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 offense of illegal reentry of deported alien in violation of 8 U.S.C. § 1326(a) and (b)(1) 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 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.

Therefore, I recommend that the Defendant be adjudged guilty of the charge set forth in 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.


Summaries of

United States v. Lopez

United States District Court, District of Montana
Feb 16, 2023
CR 22-35-BU-DLC (D. Mont. Feb. 16, 2023)
Case details for

United States v. Lopez

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. MELVIN OMAR GARCIA LOPEZ…

Court:United States District Court, District of Montana

Date published: Feb 16, 2023

Citations

CR 22-35-BU-DLC (D. Mont. Feb. 16, 2023)