United States v. Botello-Moreno

          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 ...