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U.S. v. MORALES, 1:15-cr-00142. (2015)

Court: District Court, W.D. Michigan Number: infdco20151005e14 Visitors: 5
Filed: Sep. 16, 2015
Latest Update: Sep. 16, 2015
Summary: REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on September 16, 2015, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Marciano Morales entered a plea of guilty to the Indictment charging defendant with aggravated felony reentry in violation of 8 U.S.C. 1326(a), 1326(b)(2) and 1101(a)(43)(B), (U). On the bas
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REPORT AND RECOMMENDATION

Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on September 16, 2015, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Marciano Morales entered a plea of guilty to the Indictment charging defendant with aggravated felony reentry in violation of 8 U.S.C. §§ 1326(a), 1326(b)(2) and 1101(a)(43)(B), (U). On the basis of the record made at the hearing, I find that defendant is fully capable and competent to enter an informed plea; that the plea is made knowingly and with full understanding of each of the rights waived by defendant; that it is made voluntarily and free from any force, threats, or promises; that the defendant understands the nature of the charge and penalties provided by law; and that the plea has a sufficient basis in fact.

I therefore recommend that defendant's plea of guilty to the Indictment be accepted, and that the court adjudicate defendant guilty. Acceptance of the plea, adjudication of guilt, and imposition of sentence are specifically reserved for the district judge.

Source:  Leagle

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