United States v. Lopez-Urias

          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 ...