Opinion
Criminal Case No. 10-cr-00317-REB-01
12-05-2012
UNITED STATES OF AMERICA, Plaintiff, v. 1. CURTIS L. MORRIS, Defendant.
Robert E. Blackburn, Judge
FINDINGS OF FACT AND CONCLUSIONS OF LAW
ON THE ENTRY OF PLEAS OF GUILTY TO CRIMINAL CONTEMPT
Blackburn, J.
On December 5, 2012, I arraigned the defendant under Fed. R. Crim. P. 10; and I formally advised the defendant and conducted providency proceedings under Fed. R. Crim. P. 11.
Based upon my exchange and colloquy with the defendant in open court on the record; based upon the representations, remarks, and statements of counsel for the government and counsel for the defendant; and based upon my review of the file and record, I enter the following findings of fact and conclusions of law:
That the defendant appeared to be alert and not under the influence of or impaired by drugs, narcotics, marihuana, alcohol, medication, or intoxicants;
That the defendant was competent and fully understood the nature, circumstances, and essential elements of the acts of contempt to which his pleas of guilty were entered;
That the defendant understood the direct and collateral consequences that he may suffer or experience as a result of his pleas of guilty and the resultant convictions and sentence for criminal contempt in violation of 18 U.S.C. § 401(3);
That the defendant's pleas of guilty were made and entered voluntarily, knowingly, intelligently and intentionally, and was not the result of mistake; misunderstanding, fear, force, threats, coercion, or undue influence by anyone;
That the defendant's pleas of guilty were not the result of any promise or inducement made by anyone, including legal counsel;
That the defendant understood each of his legal rights, including the rights enumerated at Fed. R. Crim. P. 11(b)(1)(B) and (E), and his right to a trial to the court and his right to be represented throughout this criminal case by an attorney even if indigent; and that the defendant freely, voluntarily, knowingly, intelligently, and intentionally waived his rights and privileges, excepting his right to be represented throughout these criminal contempt proceedings by an attorney even if indigent and his right to appeal any sentence I impose;
That the defendant understood the maximum possible penalties, including imprisonment, fines, and term of supervised release;
That the defendant understood that in imposing sentence, I must consult and consider the purposes and goals of sentencing as prescribed by Congress, the relevant provisions of the advisory United States Sentencing Guidelines, any motion for a sentence departure or variance, and the provisions of 18 U.S.C. § 3553 (a)(1)-(7); and the defendant clearly understood that regardless of the sentence I impose, he may not withdraw his pleas of guilty on that basis;
That the defendant understood that the court will not be bound by any representations by anyone concerning the penalty to be imposed;
That a factual basis existed to support and sustain the defendant's pleas of guilty;
That the defendant has been represented at this hearing and throughout the contempt proceedings by effective and competent counsel with whom the defendant has no objection, criticism, or complaint whatsoever;
That the defendant had sufficient time to review, discuss, and consider his position and his pleas in these contempt proceedings; and
That on the record considered as a whole, I conclude that I may properly accept the defendant's pleas of guilty.
Dated December 5, 2012, at Denver, Colorado.
BY THE COURT:
________________________
Robert E. Blackburn
United States District Judge