Filed: Feb. 17, 2012
Latest Update: Feb. 17, 2012
Summary: REPORT AND RECOMMENDATION HUGH W. BRENNEMAN, Jr., 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 February 17, 2012, 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 is charged in a single-count Indictment with being illegally in this country after having been
Summary: REPORT AND RECOMMENDATION HUGH W. BRENNEMAN, Jr., 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 February 17, 2012, 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 is charged in a single-count Indictment with being illegally in this country after having been ..
More
REPORT AND RECOMMENDATION
HUGH W. BRENNEMAN, Jr., 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 February 17, 2012, 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 is charged in a single-count Indictment with being illegally in this country after having been previously removed following an aggravated 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 to the sole count of the Indictment be accepted, and that the court adjudicate the defendant guilty of that charge.
