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
TO THE
HONORABLE DOUGLAS L. RAYES, UNITED STATES DISTRICT JUDGE:
Upon
Defendant's request to enter a plea of guilty and an
admission to the violation(s) of supervised release, pursuant
to Rule 11 of the Federal Rules of Criminal Procedure, this
matter came on for hearing before United States Magistrate
Judge James F. Metcalf on August 8, 2019 with the written
consents of Defendant, counsel for Defendant, and counsel for
the United States of America.
The
hearing on Defendant's plea of guilty and admission to
the violation(s) of supervised release 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 understands the nature of the charge(s) and
supervised release violation(s) to which Defendant pleads and
the nature of the offense and violation to which the
Defendant is pleading guilty and admitting;
(2)
that Defendant understands the right to trial by jury and to
a revocation hearing, to persist in a plea(s) of not guilty
and denial, 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, the maximum
disposition for the supervised release violation, 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 and disposition guidelines are advisory, not
mandatory, and that the sentencing and disposition judge may
depart from 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, and by admitting to the
violation of supervised release Defendant is waiving the
right to a revocation hearing;
(7)
that Defendant understands the terms of any plea agreement
provision waiving the right to appeal or to collaterally
attack the sentence and disposition, and has knowingly,
intelligently and voluntarily waived those rights;
(8)
that Defendant's plea of guilty and admission to the
violation(s) of 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;
(9)
that Defendant is competent to plead guilty and admit to a
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