United States District Court, D. Arizona
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE
UPON A PLEA OF GUILTY AND ADMISSION
Honorable James F. Metcalf United States Magistrate Judge.
THE
HONORABLE STEPHEN M. MCNAMEE, SENIOR U.S. DISTRICT
JUDGE:
Upon
Defendant's request to enter a plea of guilty pursuant to
Rule 11, Fed.R.Crim.P. and admit to a supervised release
violation pursuant to Rule 32.1, FED.R.CRIM.P., this matter
came on for hearing before U.S. Magistrate Judge James F.
Metcalf on August 6, 2019, with the written consents of
Defendant, counsel for Defendant, and counsel for United
States of America and an Order of Referral from the assigned
District Judge.
In
consideration of foregoing 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, (A) I
FIND as follows that:
(1)
Defendant understands the nature of the charge and supervised
release violation against him/her to which the plea is
offered and the nature of the offense and violation to which
he/she is pleading guilty and admitting;
(2)
Defendant understands his/her right to trial by jury and to a
revocation hearing, to persist in his/her plea(s) of not
guilty and denials and to the assistance of counsel at trial
and revocation hearing, to confront and cross-examine adverse
witnesses, and his/her right against compelled
self-incrimination;
(3)
Defendant understands what the maximum possible sentence is
and the maximum disposition for the supervised release
violation; Defendant also understands that the sentencing and
disposition guidelines are advisory only and that the
sentencing District Judge may depart from those guidelines
under some circumstances;
(4)
Defendant's plea of guilty and admission to violating
his/her supervised release have been knowingly, intelligently
and voluntarily made and are not the result of force or
threats or of promises apart from the plea agreement between
the parties;
(5)
Defendant is competent to plead guilty and admit to a
supervised release violation;
(6)
Defendant understands that his/her answers may later be used
against him/her in a prosecution for perjury or false
statement;
(7)
Defendant understands that by pleading guilty he/she waives
the right to a jury trial and by admitting to violation of
his supervised release he waives the right to a revocation
hearing;
(8)
Defendant understands the terms of the plea agreement
provision waiving the right to appeal, to collaterally attack
the sentence and disposition of his/her supervised release
violation and has knowingly, intentionally and voluntarily
waived those rights;
(9)
Defendant is satisfied with counsel's representation; and
(10)
there is a factual basis for Defendant's plea and
admission; and further, (B) I RECOMMEND that
the Defendant's plea of guilty to the Information and
admission be accepted subject to the Court's acceptance
of the plea agreement which shall remain lodged with the
Court pending the District Judge's ...