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U.S. v. HERNANDEZ-CONTRERAS, 1:12-cr-63. (2012)

Court: District Court, W.D. Michigan Number: infdco20120416597 Visitors: 10
Filed: Mar. 26, 2012
Latest Update: Mar. 26, 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 23, 2012, after receiving the written consent of defendant and all counsel. At the hearing, defendant Jose Miguel Hernandez-Contreras entered a plea of guilty to count 1 of the Indictment charging him with being present in the United States without the permission of the Attorney General after deportation after conviction of a felony off
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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 23, 2012, after receiving the written consent of defendant and all counsel. At the hearing, defendant Jose Miguel Hernandez-Contreras entered a plea of guilty to count 1 of the Indictment charging him with being present in the United States without the permission of the Attorney General after deportation after conviction of a felony offense, in violation of 8 U.S.C. §§ 1326(a), (b)(1). There was no written or oral 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; 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 and that the court adjudicate defendant guilty of the charge. Acceptance of the plea, adjudication of guilt, and imposition of sentence are specifically reserved for the district judge.

Source:  Leagle

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