Opinion
CAUSE NO.: 2:20-CR-43-TLS-JPK
05-19-2020
UNITED STATES OF AMERICA, Plaintiff, v. PAUL TOMASIELLO, Defendant.
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON PLEA OF GUILTY BY DEFENDANT PAUL TOMASIELLO TO: THE HONORABLE THERESA L. SPRINGMANN, CHIEF JUDGE, UNITED STATES DISTRICT COURT
Upon Defendant's request to enter a plea 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 May 18, 2020, with the written consent of Defendant, counsel for Defendant, and counsel for the United States of America.
The hearing on Defendant's plea of guilty was in full compliance with Rule 11, Federal Rules of Criminal Procedure, as supplemented by, and in accordance with, Section 15002 of the CARES Act and General Order 2020-08. The hearing occurred before a Magistrate Judge in the Hammond Federal Courthouse, with the Defendant, Counsel, and Probation appearing via video teleconference and telephone.
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 charge against him to which the plea is offered;
(2) that Defendant understands his right to trial by jury, to persist in his plea 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 sentence is, including the effect of the supervised release term, and Defendant understands that the sentencing guidelines apply and that the Court may depart from those guidelines under some circumstances;
(4) that the plea of guilty by Defendant has been knowingly and voluntarily made and is 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 is a factual basis for Defendant's plea; and further,
I RECOMMEND that the Court accept Defendant's plea of guilty and that Defendant be adjudged guilty of the offense charged in Count 1 of the Information and have sentence imposed. A Presentence Report has been ordered. Should this Findings and Recommendation be accepted and Defendant adjudged guilty, sentencing will be scheduled before Chief 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 19th day of May, 2020.
s/ Joshua P. Kolar
MAGISTRATE JUDGE JOSHUA P. KOLAR
UNITED STATES DISTRICT COURT cc: Honorable Theresa L. Springmann