Filed: Nov. 14, 2016
Latest Update: Nov. 14, 2016
Summary: REPORT AND RECOMMENDATION 1 SHARON L. OVINGTON , Chief Magistrate Judge . This case came before the Court for a plea hearing on November 14, 2016. Assistant U.S. Attorney Brent Tabacchi represented the government, and Michael Monta, Esq. represented Defendant Julian Loeza. Defendant was present with counsel. The parties have entered into a plea agreement, which has been filed of record. (Doc. #26). Under the terms of the plea agreement, Defendant agreed to plead guilty to Count One of the
Summary: REPORT AND RECOMMENDATION 1 SHARON L. OVINGTON , Chief Magistrate Judge . This case came before the Court for a plea hearing on November 14, 2016. Assistant U.S. Attorney Brent Tabacchi represented the government, and Michael Monta, Esq. represented Defendant Julian Loeza. Defendant was present with counsel. The parties have entered into a plea agreement, which has been filed of record. (Doc. #26). Under the terms of the plea agreement, Defendant agreed to plead guilty to Count One of the ..
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REPORT AND RECOMMENDATION1
SHARON L. OVINGTON, Chief Magistrate Judge.
This case came before the Court for a plea hearing on November 14, 2016. Assistant U.S. Attorney Brent Tabacchi represented the government, and Michael Monta, Esq. represented Defendant Julian Loeza. Defendant was present with counsel.
The parties have entered into a plea agreement, which has been filed of record. (Doc. #26). Under the terms of the plea agreement, Defendant agreed to plead guilty to Count One of the Superseding Information filed in this case, which charges that Defendant knowingly and intentionally distributed 100 grams or more of a mixture or substance containing a detectable amount of heroin, a Schedule I controlled substance in violation of 21 U.S.C. § 841(a)(1).
During the plea hearing, the undersigned had the opportunity to address Defendant in open court and to inform Defendant of all rights and privileges as set forth in Fed. R. Crim. P. 11(b)(1). Further, the undersigned carefully inquired of Defendant regarding his understanding of the agreement, as well as his competence to understand the agreement. Having fully inquired, the undersigned Judicial Officer finds that Defendant's tendered plea of guilty to Count One of the Superseding Information was knowing, intelligent, and voluntary. Additionally, based upon the statement of facts, which were read into the record and affirmed by Defendant, the undersigned finds that there is a sufficient factual basis for finding that Defendant is in fact guilty as to Count One.
Based upon the foregoing, it is RECOMMENDED that the District Court accept Defendant's plea of guilty to Count One of the Superseding Information and find Defendant guilty as charged of knowingly and intentionally distributing 100 grams or more of a mixture or substance containing a detectable amount of heroin, a Schedule I controlled substance in violation of 21 U.S.C. § 841(a)(1). Pending the Court's acceptance of Defendant's guilty plea, Defendant has been referred to the Probation Department for a pre-sentence investigation and preparation of the PSR.
