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U.S. v. DELGADO, 1:11-cr-317. (2012)

Court: District Court, W.D. Michigan Number: infdco20120321a37 Visitors: 11
Filed: Mar. 20, 2012
Latest Update: Mar. 20, 2012
Summary: REPORT AND RECOMMENDATION JOSEPH G. SCOVILLE, Magistrate Judge. Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on March 2, 2012, after receiving the written consent of defendant and all counsel. At the hearing, defendant Andres Vincente Delgado entered a plea of guilty to count 1 of the Indictment charging him with conspiracy to distribute and possess with intent to distribute one kilogram or more of a mixture or substance containing heroin, in violation
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REPORT AND RECOMMENDATION

JOSEPH G. SCOVILLE, Magistrate Judge.

Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on March 2, 2012, after receiving the written consent of defendant and all counsel. At the hearing, defendant Andres Vincente Delgado entered a plea of guilty to count 1 of the Indictment charging him with conspiracy to distribute and possess with intent to distribute one kilogram or more of a mixture or substance containing heroin, in violation of 21 U.S.C. §§ 846, 841(a), in exchange for the undertakings made by the government in the written plea agreement. 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, apart from the promises in the plea agreement; 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 count 1 of the Indictment be accepted, that the court adjudicate defendant guilty of the charge, and that the written plea agreement be considered for acceptance at the time of sentencing. Acceptance of the plea, adjudication of guilt, acceptance of the plea agreement, and imposition of sentence are specifically reserved for the district judge.

Source:  Leagle

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