Filed: Jan. 13, 2016
Latest Update: Jan. 13, 2016
Summary: REPORT AND RECOMMENDATION RAY KENT , Magistrate Judge . Pursuant to W.D. Mich. LCrR 11.1 and upon a request of the district court, I conducted a felony plea hearing in this matter on January 12, 2016, after receiving the written consent of the defendant, the defendant's attorney, and the attorney for the government. These consents were also placed on the record in open court. Defendant Jose Refugio Fierros-Avalos, a/k/a Jose Antonio Luna-Perez, is charged in a single-count Indictment with
Summary: REPORT AND RECOMMENDATION RAY KENT , Magistrate Judge . Pursuant to W.D. Mich. LCrR 11.1 and upon a request of the district court, I conducted a felony plea hearing in this matter on January 12, 2016, after receiving the written consent of the defendant, the defendant's attorney, and the attorney for the government. These consents were also placed on the record in open court. Defendant Jose Refugio Fierros-Avalos, a/k/a Jose Antonio Luna-Perez, is charged in a single-count Indictment with ..
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REPORT AND RECOMMENDATION
RAY KENT, Magistrate Judge.
Pursuant to W.D. Mich. LCrR 11.1 and upon a request of the district court, I conducted a felony plea hearing in this matter on January 12, 2016, after receiving the written consent of the defendant, the defendant's attorney, and the attorney for the government. These consents were also placed on the record in open court.
Defendant Jose Refugio Fierros-Avalos, a/k/a Jose Antonio Luna-Perez, is charged in a single-count Indictment with being illegally in this country after having been previously removed following a felony conviction. On the basis of this record, I found that defendant was competent to enter a plea of guilty and that his plea was knowledgeable and voluntary with a full understanding of each of the rights waived by the defendant, that the defendant fully understood the nature of the charge and the consequences of his plea, and that the defendant's plea had a sufficient basis in fact which contained all of the elements of the offense charged.
There was no written plea agreement in this case.
I accepted the plea of guilty, subject to final acceptance of the plea by the District Judge. I ordered the preparation of a presentence investigation report.
Recommendation
Based upon the foregoing, I respectfully recommend that the defendant's plea of guilty the Indictment be accepted, and that the court adjudicate the defendant guilty of that charge.
NOTICE TO PARTIES
You have the right to de novo review by the district judge of the forgoing findings. Any application for review must be in writing, must specify the portions of thed findings or proceedings objected to, and must be filed and served no later than fourteen (14) days after the plea hearing. See W.D. MICH. LCRR 11.1(b). A failure to file timely objections may resutlt in the waiver of any further right to seek appellate review of the plea-taking proceure. See Thomas v. Arn, 474 U.S. 140 (1985); Neuman v. Rivers, 125 F.3d 315, 322-23, (6th Cir.) cert. denied, 522 U.S. 1030 (1997); United States v. Walters, 638 F.2D 947 (6th Cir. 1981).
