Free Order - District Court of Arizona - Arizona

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6 IN THE UNITED STATES DISTRICT COURT
_. 7 FOR THE DISTRICT OF ARIZONA f _ _
9 United States of America, - § CR 04-968-1-PHX-SMM
I Plaintiff,
10 ) FINDINGS AND RECOMMENDATION
v. ) OF THE MAGISTRATE JUDGE -
ll UPON A PLEA OF GUILTY
Gregory K. Priore, - AND ORDER
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In 13 TO THE HONO-RABLE Stephen M. McNamee, CHIEF UNITED STATES DISTRICT -
14 JUDGE.
15 Upon Defendants request- to enter a plea of guilty pursuant to Rule 11 ofthe
16 Federal Rules of Criminal- Procedure, this matter came on for hearing before U.S.
17 Magistrate Judge David K. Duncan on July 12, 2005 with the written consents ofthe _
1 8 defendant, counsel fo-r the defendant, and counsel for the United States of America.
19 The hearing on defendants plea of guilty was in full compliance with Rule 11,
20 Federal Rules of Criminal Procedu-re, before the Magistrate Judge in open courtcand on I
gl the record. I l .' ‘ ..
22 In considera-tion of that hearing and the statements made by the defendant under
23 oath on the record and in the presence of counsel, and the remarks ofthe Assistant ·
I- -24 United States Attorney and of counsel for defendant, ` _ Z.
1 25 I FIND as follows: . ‘ _ l
26 (1) that defendant understands the nature ofthe charge against him to which the
27 plea is- offered; - l
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1 _ (2) that defendant understands his right to trial byjury, to persist in plea-of not
2 guilty, to the assistanceot counsel at trial, to confront and cress~·examine adverse l
. 3 witnesses, and his right against compelled self-incrimination;
4 (3) that defendant understands what the maximum possible sentence is, including L,
5 the effect of the supervised release term, and defendant understands that the sentencing
6 guidelines are advisory, not mandatory, and that the Court may sentence outside_ those
7 guidelines; l
8 (4) that the plea of guilty, by the defendant has been knowingly and voluntarily
t s made and is not the result of force or threats or of premises apart from the plea
10 agreement between the parties; _ . _‘_-
_ 11 (5) that defendant is competent to plead guilty; `lil Z
fi·` _ 12 (6) that the defendant understands that his answers may later be used against .
13 him in a prosecution for perjury or false statement; I` l
14 (7) that defendant understands -that by pleading guilty he waives the right to a jury
1 5 trial; _ `
16 (8) that defendant understands the terms of any plea agreement provision waiving
.4 17 the ri ht to appeal or to oollateraliy attack the sentence; .
18 (9) that there isa factual basis for the defendant-'s piea; and further, I -
19 I RECOMMEND that the Court accept the defendants plea of guilty.
20 IT IS ORDERED that any objection to the guilty plea proceedings and any- request - . I __
21 for supplementation of those proceedings be made by the parties in writing and shall be
_ 22 specific as to the objectionor request made. All objections or requests for
l 23 supplementation sha`ll-be Hled within ten (10) days ef the date of service of -a copy of
24 these findings unless extended by an- Order of the assigned district judge. - ,_
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I 1 I iT IS FURTHERDRDERED that any letters, documents, etc. that the defendant in J
2 wants the Court to consider before sentencing must be tiied with the district court seven
i- 3 ` (7) calendar days before sentencing or the letters, documents, etc. may be deemed
4 _ untimely. _ __ J
5 DATED this 12th day of July, 2005. l l J J
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in JJ Js I _ gmggmggtrate Judge l C
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