U.S. v. Gomez-Estrada

Full title: UNITED STATES OF AMERICA, Plaintiff, v. BRAULIO GOMEZ-ESTRADA, Defendant

Court: United States District Court, D. Idaho

Date published: Oct 30, 2007

Case No. CR 07-135-S-BLW (D. Idaho Oct. 30, 2007)

Opinion

Case No. CR 07-135-S-BLW.

October 30, 2007

REPORT AND RECOMMENDATION

LARRY BOYLE, Magistrate Judge

On October 30, 2007, the Defendant appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Defendant executed a written waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the applicable Indictment (Docket No. 1), the maximum penalties applicable, his constitutional rights, the impact that 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.

Having conducted the change of plea hearing and having inquired of Defendant and his counsel, and counsel for the United States, the Court concludes that there is a factual basis for Defendant's plea of guilty, and that it was entered voluntarily and with full knowledge of the consequences, and that the plea should be accepted.

RECOMMENDATION

Based upon the foregoing, this Court recommends that the District Court accept Defendant's plea of guilty to the charge contained in the Indictment (Docket No. 1).