United States District Court, D. Arizona
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE
UPON A PLEA OF GUILTY AND ORDER
Honorable Deborah M. Fine United States Magistrate Judge.
TO THE
HONORABLE NEIL V. WAKE, SENIOR U.S. DISTRICT 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 July 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 knowingly,
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