U.S. v. ALVAREZ, 3:14CR086 (REP). (2014)
Court: District Court, D. Virginia
Number: infdco20140804651
Visitors: 11
Filed: Jul. 09, 2014
Latest Update: Jul. 09, 2014
Summary: REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE DAVID J. NOVAK, Magistrate Judge. This matter is before the courtpursuant to Title28 U.S.C. 636(b)(1)(B) and (b)(3) upon the Defendant's requestto enter a plea of guiltypursuantto Fed. R. Crim. P. 11 and a written pleaagreement that has beenentered into bythe United States and the Defendant. Thematter was presented to thecourt upon thewritten consent of theDefendant and counsel for the Defendant to proceed beforea UnitedStates Magistrate Jud
Summary: REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE DAVID J. NOVAK, Magistrate Judge. This matter is before the courtpursuant to Title28 U.S.C. 636(b)(1)(B) and (b)(3) upon the Defendant's requestto enter a plea of guiltypursuantto Fed. R. Crim. P. 11 and a written pleaagreement that has beenentered into bythe United States and the Defendant. Thematter was presented to thecourt upon thewritten consent of theDefendant and counsel for the Defendant to proceed beforea UnitedStates Magistrate Judg..
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REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
DAVID J. NOVAK, Magistrate Judge.
This matter is before the courtpursuant to Title28 U.S.C. § 636(b)(1)(B) and (b)(3) upon the Defendant's requestto enter a plea of guiltypursuantto Fed. R. Crim. P. 11 and a written pleaagreement that has beenentered into bythe United States and the Defendant. Thematter was presented to thecourt upon thewritten consent of theDefendant and counsel for the Defendant to proceed beforea UnitedStates Magistrate Judge, said consent including the Defendant's understanding that he consented to not only having the Magistrate Judge conduct the hearing and enter any order of forfeiture, if applicable, but also to having the MagistrateJudge make necessary findings and accepting any guilty plea as may be entered that could not be withdrawn except for fair and just reason.
The Court accepted the Defendant's waiver of his right to proceed by indictment after specific inquiry was made of the Defendant as to his understanding of the right to require prosecution by indictment. The Defendant pled guilty to the Criminal Information in open court and pursuant to a Rule 11 inquiry. Upon consideration of the responses and statements made by the Defendant under oath, on the record, and based upon the written plea agreement and statement offacts presented, the court makes the following findings:
1. That the Defendant is competentto enter a plea of guilty;
2. Thatthe Defendant understands the nature of the charge against himto which his plea is offered;
3. That the Defendant understands what the maximum possible penalties are upon conviction of theoffense charged, including any mandatory minimum periods of confinement, the effectof anyrequired term of supervised release, the lossof various civil rights (if applicable, including the right to vote, the right to hold public office, the right to own and possess a firearm), the possibility ofadverse immigration consequences (ifapplicable), therequired imposition ofa special assessment, forfeiture of real and/or personal property (if applicable), and restitution (if applicable);
4. That the sentencing court has jurisdiction and authority to impose any sentence within the statutory maximums provided, but that the court will determinethe defendant's actual sentence in accordance with 18 U.S.C. § 3553(a) and that the court, after considering the factors set forth in 18 U.S.C. § 3553(a), may impose a sentence above or below the advisory sentencing range, subject only to review by higher courts for reasonableness;
5. That the Defendant understands his right to persist in a plea of not guilty and require that the matterproceed to trial with all the rightsand privileges attending a trial, including, but not limited to: the right to effective assistance of counsel; the right to use the power and processes ofthe court to compel the productionof relevant evidence on the Defendant's behalf; the right to confront and cross-examine adverse witnesses; the right to present relevant evidence; theright to remain silent; and the right to trial by jury;
6. ThattheDefendant understands thathe is waiving anyrightto appeal whatever sentence is imposed by pleading guilty, even ifthe sentence iserroneous, as long as said sentence does not exceed the total statutory penalties provided;
7. That the Defendantunderstands all provisions of the written plea agreement which was reviewed in essential part withthe Defendant duringthe proceeding;
8. That the plea ofguilty entered by the Defendant was knowingly and voluntarily entered and is not the result of force or intimidation of any kind; nor is it the result ofany promises other than the representations set forth in the plea agreement; and
9. Thatthe pleaof guilty entered bythe Defendant was knowingly andvoluntarily madewith full knowledge of the consequences and with an independent basis in fact to support said plea.
Accordingly, the court accepted the Defendant's pleaof guilty to the Criminal Information and enteredjudgment of guilt on the subject charge. It is therefore the recommendation ofthis court that its findings, including the acceptance of the Defendant's plea of guilt and resulting judgment of guilt, be adopted.
Let the Clerk forward a copy ofthis report and recommendation to the Honorable Robert E. Payne and to counsel of record.
It is so Ordered.
Source: Leagle
