Opinion
Case No. CR-02-88-E-BLW
June 27, 2002
REPORT AND RECOMMENDATION
On June 26, 2002, Valeritin Cortez-Martinez appeared before the undersigned Magistrate Judge to enter a change of plea pursuant to a written plea agreement. Defendant executed a written waiver of the right to have the presiding district judge take his change of plea. Thereafter, the Court explained to defendant the nature of the charges, the maximum penalties applicable to each count, his constitutional rights, the effect of the Sentencing Guidelines, and that the District Judge would not be bound by the agreement of the parties as to the penalty to be imposed.
Having conducted the hearing and inquired of both the defendant and counsel, the Court concludes there is a factual basis for Defendant's plea of guilty, and that it was entered voluntarily and with full knowledge of the consequences.
Accordingly, the undersigned recommends that the District Court accept Defendant's plea of guilty to Count One of the Indictment, a pre-sentence report be ordered, and that sentencing be scheduled on September 10, 2002 at 8:00 A.M. The undersigned also recommends that the District Court take under advisement the decision whether to accept the terms of the pica agreement pending review of the pre-sentence report. DATED this of June, 2002.