U.S. v. Capaitas, 17-cr-30151-DRH. (2018)
Court: District Court, S.D. Illinois
Number: infdco20180514877
Visitors: 10
Filed: Apr. 23, 2018
Latest Update: Apr. 23, 2018
Summary: REPORT AND RECOMMENDATION CLIFFORD J. PROUD , Magistrate Judge . The United States of America and the Defendant having both filed a written consent, appeared before me pursuant to Federal Rule of Criminal Procedure 11 and SDIL Rule 72.1(b)(2). The Defendant entered a plea of guilty to Count One of the Indictment. Defendant also conceded the government could prove all of the elements for forfeiture of the property sought in the forfeiture allegation; accordingly, Defendant relinquished any
Summary: REPORT AND RECOMMENDATION CLIFFORD J. PROUD , Magistrate Judge . The United States of America and the Defendant having both filed a written consent, appeared before me pursuant to Federal Rule of Criminal Procedure 11 and SDIL Rule 72.1(b)(2). The Defendant entered a plea of guilty to Count One of the Indictment. Defendant also conceded the government could prove all of the elements for forfeiture of the property sought in the forfeiture allegation; accordingly, Defendant relinquished any i..
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REPORT AND RECOMMENDATION
CLIFFORD J. PROUD, Magistrate Judge.
The United States of America and the Defendant having both filed a written consent, appeared before me pursuant to Federal Rule of Criminal Procedure 11 and SDIL Rule 72.1(b)(2). The Defendant entered a plea of guilty to Count One of the Indictment. Defendant also conceded the government could prove all of the elements for forfeiture of the property sought in the forfeiture allegation; accordingly, Defendant relinquished any interest he may have in that property.
After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was knowing and voluntary, and that the offense charged is supported by an independent factual basis containing each of the essential elements of such offense. I similarly found that Defendant knowingly and intelligently conceded the forfeiture of the property enumerated in the forfeiture allegation.
I therefore recommend that the plea of guilty be accepted, that a presentence investigation and report be prepared, and that the Defendant be adjudicated guilty and have sentence imposed accordingly.
Source: Leagle
