Elawyers Elawyers
Washington| Change

U.S. v. Hernandez-Lemos, 2:18-cr-19. (2018)

Court: District Court, W.D. Michigan Number: infdco20180703b69 Visitors: 7
Filed: Jun. 11, 2018
Latest Update: Jun. 11, 2018
Summary: REPORT AND RECOMMENDATION TIMOTHY P. GREELEY , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on June 11, 2018 with an interpreter, after receiving the written consent of defendant and all counsel. At the hearing, defendant Juan Pablo Hernandez-Lemos entered a plea of guilty to Count 1, charging defendant with Re-Entry of Deported Alien in violation of 8:1326(a). On the basis of the record made at the hearing, I find that defendant
More

REPORT AND RECOMMENDATION

Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on June 11, 2018 with an interpreter, after receiving the written consent of defendant and all counsel. At the hearing, defendant Juan Pablo Hernandez-Lemos entered a plea of guilty to Count 1, charging defendant with Re-Entry of Deported Alien in violation of 8:1326(a). 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 be accepted and that the court adjudicate defendant guilty. It is further recommended that defendant remain detained pending sentencing. Acceptance of the plea, adjudication of guilt, determination of defendant's status pending sentencing, and imposition of sentence are specifically reserved for the district judge.

NOTICE TO PARTIES

You have the right to de novo review of the foregoing findings by the district judge. Any application for review must be in writing, must specify the portions of the findings or proceedings objected to, and must be filed and served no later than fourteen days after the plea hearing. See W.D. MICH. L.CR.R. 11.1(d).

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer