United States District Court, D. Arizona
THE
HONORABLE NEIL V. WAKE, UNITED STATES DISTRICT JUDGE.
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE
UPON A PLEA OF GUILTY
HONORABLE MICHELLE H. BURNS, 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 United States Magistrate
Judge Michelle H. Burns on May 3, 2019, with the written
consents of the Defendant, counsel for the Defendant, and
counsel for the United States of America.
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 to which
Defendant pleads and the elements of the offense to which
Defendant is pleading guilty;
(2)
that 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 testify and
present evidence, to compel the attendance of witnesses and
the right against compelled self-incrimination;
(3)
that Defendant understands the maximum possible penalty for
the offense to which Defendant is pleading guilty, including
imprisonment, fine and supervised release, any mandatory
minimum penalty, and applicable forfeiture, the effect of the
supervised release term; and the Court's authority to
order restitution and its obligation to impose a special
assessment;
(4)
that 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 Defendant is competent to plead guilty;
(7)
that Defendant understands that statements under oath may
later be used in a prosecution for perjury or false
statements;
(8)
that Defendant understands that by pleading guilty, is
waiving the right to a jury trial;
(9)
that Defendant understands the terms of any plea agreement
provision waiving the right to appeal or to collaterally
attack the sentence and has knowingly, ...