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United States v. Carrillo

United States District Court, D. Arizona

August 28, 2019

United States of America, Plaintiff,
v.
Isidro Carrillo, Defendant.

          FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY TO THE INDICTMENT AND NOT PURSUANT TO A WRITTEN PLEA AGREEMENT AND ORDER

          JAMES F. METCALF, UNITED STATES MAGISTRATE JUDGE

         TO THE HONORABLE DOUGLAS L. RAYES, 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 James F. Metcalf on August 27, 2019, with the written consents of the Defendant, counsel for the Defendant, and counsel for the United States of America.

         The hearing on Defendant's plea of guilty was 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 that:

         (1) Defendant understands the nature of the charge against him/her to which the plea is offered and the elements of the offense(s) to which he/she is pleading guilty;

         (2) 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) Defendant understands the maximum possible penalty for the offense to which he/she 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) 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) 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 between the parties;

         (6) Defendant is competent to plead guilty;

         (7) Defendant understands that his/her answers may later be used against him/her in a prosecution for perjury or false statement;

         (8) Defendant understands that by pleading guilty he/she waives ...


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