Opinion
4:21-cr-14-CDL-MSH
03-02-2023
UNITED STATES OF AMERICA, v. CATHY L. LOWE, Defendant.
REPORT AND RECOMMENDATION
STEPHEN HYLES UNITED STATES MAGISTRATE JUDGE
On March 2, 2023, Defendant Cathy L. Lowe appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement on a Superseding Information after a Rule 10 Arraignment. See Fed. R. Crim. P. 10(a). The Defendant and the Government executed waivers of the right to have the presiding United States District Judge take her change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the Superseding Information, the maximum penalties applicable, her Constitutional rights, the impact the Sentencing Guidelines will have, and that the District Judge will not be bound by the agreement of the parties as to the penalty to be imposed. The Court also ordered a presentence investigation to be conducted and a report prepared by the United States Probation Office.
After conducting the plea colloquy, the Court finds the following:
1. Defendant is fully competent and capable of entering an informed plea;
2. Defendant is aware of the nature of the charges and the consequences of the plea; and
3. The plea of guilty is a knowing and voluntary plea supported by an independent basis in fact containing each of the essential elements of the offense.
It is therefore RECOMMENDED that the District Judge accept Cathy L. Lowe's plea of guilty as to the Superseding Information.
The Court incorporates the transcript from the change of plea proceedings held on March 2, 2023, into this Report and Recommendation.
SO RECOMMENDED.