United States District Court, D. Arizona
THE
HONORABLE NEIL V. WAKE, SENIOR U.S. DISTRICT JUDGE:
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE
UPON A PLEA OF GUILTY AND ORDER
HONORABLE DEBORAH M. FINE, 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
Deborah M. Fine on April 30, 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 inquiring about Defendant's
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 the Defendant understands the nature of the charge
against him to which the plea is offered and the elements of
the offense(s) to which he is pleading guilty;
(2)
that the Defendant understands the right to trial by jury, to
persist in a plea of not guilty, to the assistance of counsel
at trial and at every other stage of the proceedings, to
confront and cross-examine adverse witnesses, to present
evidence, to compel the attendance of witnesses, and the
right against compelled self-incrimination;
(3)
that the Defendant understands the maximum possible penalty
for the offense to which he is pleading guilty, including
imprisonment, fine and supervised release; that Defendant
understands the effect of the supervised release term and any
forfeiture provision; and that Defendant understands the
Court's authority to order restitution and its obligation
to impose a special assessment;
(4)
that the Defendant understands the Court's obligation to
calculate the applicable sentencing guideline range and to
consider that range, possible departures under the Sentencing
Guidelines, and other sentencing factors under 18 U.S.C.
§ 3553(a); and that Defendant understands that the
sentencing guidelines are advisory, not mandatory, and that
the Court may sentence outside those guidelines;
(5)
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;
(6)
that the Defendant is competent to plead guilty;
(7)
that the Defendant understands that his statements under oath
may later be used against him in a prosecution for perjury or
false statement;
(8)
that the Defendant understands that by pleading guilty he
waives the right to a jury trial;
(9)
that the Defendant understands the terms of any plea
agreement provision waiving the right to appeal or to
collaterally attack the sentence, and has ...