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U.S. v. Jones, 18-106-BLG-DLC-TJC. (2018)

Court: District Court, D. Montana Number: infdco20190104a54 Visitors: 5
Filed: Dec. 10, 2018
Latest Update: Dec. 10, 2018
Summary: FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE TIMOTHY J. CAVAN , Magistrate Judge . The Defendant, by consent, appeared before me under Fed. R. Crim. P. 11 and entered a plea of guilty to Counts I through IV of the Indictment, which charges the crimes of possession of firearm not registered in National Firearms Registration and Transfer Record, in violation of 26 U.S.C. 5861(d) (counts I and II), and possession of a firearm not identified by serial number, in violation of 26 U.S.C.
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FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE

The Defendant, by consent, appeared before me under Fed. R. Crim. P. 11 and entered a plea of guilty to Counts I through IV of the Indictment, which charges the crimes of possession of firearm not registered in National Firearms Registration and Transfer Record, in violation of 26 U.S.C. § 5861(d) (counts I and II), and possession of a firearm not identified by serial number, in violation of 26 U.S.C. § 5861(i) (counts III and IV).

After examining the Defendant under oath, the Court determined:

1. That the Defendant is fully competent and capable of entering an informed and voluntary plea to the criminal offenses charged against him;

2. That the Defendant is aware of the nature of the charges against him and the consequences of pleading guilty to the charges;

3. That the Defendant fully understands his pertinent constitutional rights and the extent to which he is waiving those rights by pleading guilty to the criminal offenses charged against him; and

4. That his plea of guilty to the criminal offenses charged against him is knowingly and voluntarily entered, and is supported by independent factual grounds sufficient to prove each of the essential elements of the offenses charged.

The Court further notes that Defendant entered the guilty plea without a written plea agreement and counsel represented that no more favorable plea agreement offers were made.

Therefore, I recommend that the Defendant be adjudged guilty of the charges in Counts I through IV of the Indictment and that sentence be imposed.

Objections to these Findings and Recommendation are waived unless filed and served within fourteen (14) days after the filing of the Findings and Recommendation. 28 U.S.C. § 636(b)(1)(B); Fed. R. Crim. P 59(b)(2).

Source:  Leagle

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