Free Order - District Court of Arizona - Arizona

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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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United States of America, )
9 ) CR O4-765-2-PHX-FJM
Plaintiff, )
10 ) FINDINGS AND RECOMMENDATION
v. ) OF THE MAGISTRATE JUDGE
11 ) UPON A PLEA OF GUILTY
Victor Preciado-Romo, ) AND ORDER
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Defendant. )
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TO THE HONORABLE Frederick J. Marlene, UNITED STATES DISTRICT JUDGE.
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Upon Defendant's request to enter a plea of guilty pursuant to Rule 11 of the
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Federal Rules of Criminal Procedure, this matter came on for hearing before U.S.
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Magistrate Judge David K. Duncan on August 24, 2005 with the written consents of the
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defendant, counsel for the defendant, and counsel forthe United States of America.
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The hearing on defendant's plea of guilty was in full compliance with Rule 11,
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Federal Rules of Criminal Procedure, before the Magistrate Judge in open court and on
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the record.
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In consideration of that hearing and the statements made by the defendant under
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oath on the record and in the presence of counsel, and the remarks of the Assistant
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United States Attorney and of counsel for defendant,
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I FIND as follows:
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(1) that defendant understands the nature of the charge against him to which the
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plea is offered;
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Case 2:04-cr-00765-FJM Document 85 Filed 08/27/2005 Page 1 of 3

1 (2) that defendant understands his right to trial by jury, to persist in his plea of not
2 guilty, to the assistance of counsel at trial, to confront and cross-examine adverse
3 witnesses, and his right against compelled self-incrimination;
4 (3) that defendant understands what the maximum possible sentence is, including
5 the effect of the supervised release term, and defendant understands that the sentencing
6 guidelines are advisory, not mandatory, and that the Coun may sentence outside those
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s (4) that the plea of guilty by the defendant has been knowingly and voluntarily
9 made and is not the result of force or threats or of promises apart from the plea
10 agreement between the parties;
11 (5) that defendant is competent to plead guilty;
12 (6) that the defendant understands that his answers may later be used against
13 him in a prosecution for perjury or false statement;
14 (7) that defendant understands that by pleading guilty he waives the right to a jury
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16 (8) that defendant understands the terms of any plea agreement provision waiving
17 the right to appeal or to collaterally attack the sentence;
18 (9) that there is a factual basis for the defendant's plea; and further,
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
21 for supplementation of those proceedings be made by the parties in writing and shall be
22 specific as to the objection or request made. All objections or requests for
23 supplementation shall be tiled within ten (10) days of 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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1 lT IS FURTHER ORDERED that any letters, documents, etc. that the defendant
2 wants the Court to consider before sentencing must be filed with the district court seven
3 (7) calendar days before the sentencing or the letters, documents, etc. may be deemed
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5 DATED this 24th day of August, 2005.
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DAVID K. DUNCAN
8 United States Magistrate Judge
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