Free Order - District Court of Arizona - Arizona

1 · .
2
3
4
5
IN THE UNITED STATES DISTRICT COURT
i FOR THE DISTRICT OF ARIZONA
8 United States of America, )
9 Plaintiff, )
1 O V. g CR 04-1050-4-PHX-JAT
FINDINGS AND
ll Takisha Jernagin, E RECOMMENDATION OF THE
MAGISTRATE JUDGE UPON A
12 Defendant. PLEA OF GUILT Y AND ORDER
13 Upon Defendants request to enter a plea of guilty pursuant to Rule ll of the Federal
14 Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge
15 Lawrence O. Anderson on September 1, 2005 with the written consents ofthe defendant,
16 counsel for the defendant, and counsel for the United States of America.
I I I 17. In -heariiigiand-the statements made by the defendant-under I
18 oath on the record and in the presence of counsel, and the remarks of the Assistant United
1 9 States Attorney and of counsel for defendant,
20 (A) I FIND as follows: .
2 1 (1) that defendant understands the nature of the charge against her to which the plea
2 2 is offered;
23 (2) that defendant understands her right to trial by jury, to persist in her plea of not
24 guilty, to the assistance of counsel at trial, to confront and cross—examine adverse
2 5 witnesses, and her right against compelled self-incrimination;
2 6 (3) that defendant understands what the maximum possible sentence is, including
2 7 the effect of the supervised release tenn, and defendant understands that the sentencing
2 e guidelines are advisory only and that the Court may depart from those guidelines under
Case 2:04-cr-01050-JAT Document 80 Filed O9/O2/2005 Page 1 of 2

1 some circumstances;
2 (4) that the plea of guilty by the defendant has been knowingly and voluntarily made
3 and is not the result of force or threats or of promises apart from the plea agreement
4 between the parties;
5 (5) that defendant is competent to plead guilty;
6 (6) that the defendant understands that her answers may later be used against her in
7 a prosecution for perjury or false statement;
8 (7) that the Defendant understands that by pleading guilty he waives the right to a
9 jury trial.
10 (8) The Defendant understands the terms of any plea agreement provision waiving
ll the right to appeal or to collaterally attack the sentence; and
12 (9) that there is a factual basis for the defendant's plea; and further;
13 (B) I RECOMMEND that the plea of Guilty to Count 2 of the Indictment be
14 accepted subject to the Court's acceptance of the plea agreement which shall remain lodged
1 5 with the Court pending Judge Teilborg's decision whether to accept or reject the plea
16 agreement after review of the presentence report.
18 IT IS ORDERED that any objection to the guilty plea proceedings and any
19 request(s) for supplementation of those proceedings be made by the parties in writing and
20 shall be specific as to the objection(s) or request(s) made. All objections or requests for
21 supplementation shall be filed within ten (l0) days of the date of service of a copy of these
22 findings unless extended by an Order of the assigned district judge.
23 DATED this lst day of September; 2005.
24 Qkéwm O
2 5 °
Lawrence O. Anderson ··“rrr""‘·*‘·
2 6 United States Magistrate Judge
2 7
2 8 2
Case 2:04-cr-01050-JAT Document 80 Filed O9/O2/2005 Page 2 of 2

Case 2:04-cr-01050-JAT

Document 80

Filed 09/02/2005

Page 1 of 2

Case 2:04-cr-01050-JAT

Document 80

Filed 09/02/2005

Page 2 of 2