Opinion
Criminal No. 05CR1409-L.
September 15, 2005
United States Attorney NICHOLAS REYES Counsel for Defendant
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY
Upon Defendant's request to enter a plea of Guilty pursuant to Rule 11 of the Federal Rules of Criminal Procedure, this matter was referred to the Magistrate Judge by the District Judge, with the written consents of the Defendant, counsel for the Defendant, and counsel for the United States.
Thereafter, the matter came on for a hearing on Defendant's plea of guilty, in full compliance with Rule 11, Federal Rules of Criminal Procedure, before the Magistrate Judge, in open court and on the record.
In consideration of that hearing and the allocution made by the Defendant under oath on the record and in the presence of counsel, and the remarks of the Assistant United States Attorney,
I make the following FINDINGS:
1. that Defendant is competent to enter a plea;
2. that Defendant understands the right to persist in a plea of "not guilty;"
3. that Defendant understands the right to a speedy and public trial;
4. that Defendant understands the right to be tried by a jury, or the ability to waive that right and have a judge try the case without a jury;
5. that Defendant understands the right to the assistance of counsel at trial;
6. that Defendant understands that, at trial, there would be the right to confront and cross-examine the witnesses against the defendant;
7. that Defendant understands that, at trial, there is the right to present a defense, and the right to have witnesses subpoenaed to testify on the defendant's behalf;
8. that Defendant understands that, at trial, the defendant would have the right against compelled self-incrimination;
9. that Defendant understands the nature of the charge filed in this case;
10. that Defendant understands the maximum possible sentence that could be received, the effect of a supervised release term, and further, that Defendant understands the sentencing guidelines apply and the court may depart from the guidelines under some circumstances;
11. that Defendant's plea of guilty is made knowingly and voluntarily;
12. that Defendant understands the terms of the plea agreement; and
13. that there is a factual basis for Defendant's plea.
I therefore RECOMMEND that the District Judge accept the Defendant's plea of guilty.
The sentencing hearing will be before United States District Judge M. JAMES LORENZ, on 11/14/05, at 8:30 A.M.
Objections to these Findings and Recommendation must be filed within 14 days of the date of this order.