United States District Court, D. Arizona
HONORABLE NEIL V. WAKE, UNITED STATES DISTRICT JUDGE
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE
UPON A PLEA OF GUILTY AND ORDER
HONORABLE JOHN Z. BOYLE 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 John Z. Boyle on May 16, 2019, with the written
consents of Defendant, counsel for Defendant, and counsel for
the United States of America.
The
undersigned Magistrate Judge accepted Defendant's waiver
of indictment after inquiry was made of Defendant as to the
understanding of the right to prosecution by indictment.
Defendant's written waiver constitutes a part of the plea
agreement lodged with the Court.
The
hearing on Defendant's plea of guilty was in full
compliance with Rule 11 of the Federal Rules of Criminal
Procedure, before the undersigned Magistrate Judge in open
court and on the record. In consideration of that hearing and
the statements made by 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 un1derstands the nature of the charge to
which Defendant pleads and the elements of the offense(s) 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, and appointed counsel if necessary at trial and at
every other stage of the proceeding, to confront and
cross-examine adverse witnesses, the right against compelled
self-incrimination, to testify and present evidence, and to
compel the attendance of witnesses;
(3) that Defendant understands any maximum possible penalty
for the offense to which Defendant is pleading guilty,
including imprisonment, fine and supervised release, and
where applicable, any mandatory minimum penalty; that
Defendant understands the effect of the supervised release
term; that Defendant understands the Court's authority to
order restitution and its obligation to impose a special
assessment and any applicable forfeiture;
(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); that Defendant understands that the
sentencing guidelines are advisory, not mandatory, and that
the Court may sentence outside those guidelines;
(5) that Defendant understands that answers given by
Defendant may later be used in a prosecution for perjury or
false statement;
(6) that Defendant understands that by pleading guilty
Defendant is waiving the right to a jury trial;
(7) that Defendant understands the terms of any plea
agreement provision waiving the right to appeal or to
collaterally attack the sentence, and has knowingly,
intelligently and voluntarily waived those rights;
(8) that the plea of guilty by Defendant has been knowingly
and voluntarily made and is not the result of force or
threats or of promises apart from the ...