United States District Court, D. Arizona
HONORABLE G. MURRAY SNOW, CHIEF U.S. DISTRICT JUDGE
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE
UPON A PLEA OF GUILTY AND ORDER
Honorable James F. Metcalf United States Magistrate Judge
Upon
Defendant's request to enter a plea of guilty pursuant to
Rule 11 of the Federal Rules of Criminal Procedure, this
matter came on for hearing before U.S. Magistrate Judge James
F. Metcalf on February 26, 2019, with the written consents of
the defendant, counsel for the defendant, and counsel for the
United States of America.
The
Magistrate Judge accepted defendant's waiver of
indictment after inquiry was made of the defendant as to
his/her understanding of the right to prosecution by
indictment. Defendant's written waiver constitutes a part
of the plea agreement that has previously been lodged with
the Court. 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 statements made by the
defendant under oath on the record and in the presence of
counsel, and 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/her to which the plea is offered and the elements of the
offense(s) to which he/she is pleading guilty;
(2)
that defendant understands his/her right to trial by jury, to
persist in his/her plea of not guilty, to the assistance of
counsel at trial, to confront and cross-examine adverse
witnesses, and his/her 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 are
advisory, not mandatory, and that the Court may sentence
outside those guidelines if defendant is convicted at trial;
(4)
that the plea of guilty by the defendant has been knowingly
and voluntarily made and is not the result of force or
threats or of promises apart from the plea agreement between
the parties;
(5)
that defendant is competent to plead guilty;
(6)
that defendant understands that his/her answers may later be
used against him/her in a prosecution for perjury or false
statement;
(7)
that defendant understands that by pleading guilty he/she
waives the right to a jury trial;
(8)
that defendant understands the terms of any plea agreement
provision waiving the right to appeal or to collaterally
attack the sentence, and has knowingly, ...