Free Order - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT
E FOR THE DISTRICT OF ARIZONA
8 United States of America,
9 Plaintiff]
1 O V. CR 04-594-2-PHX-ROS
11 Erick Monteil-Lopez, i Rl§C]%ll$I(li»¥»IS)E1;&~lIl`£gTION OF THE
1 2 Defendant. )
13 Upon Defendant's request to enter a plea of guilty pursuant to Rule l l of the Federal “
14 Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge
15 Lawrence O. Anderson on August 16, 2005 with the written consents of the defendant,
16 counsel for the defendant, and counsel for the United States of America.
17 The Magistrate Judge accepted defendant's waiver of indictment after inquiry was
18 made of the defendant as to his understanding of the right to prosecution by indictment.
19 Defendant's written waiver constitutes a part of the plea agreement that has previously been
20 lodged with the Court. Thereafter, the matter came on for a hearing on defendanfs plea of
21 guilty in full compliance with Rule ll, Federal Rules of Criminal Procedure, before the
22 Magistrate Judge in open court and on the record.
23 In consideration of that hearing and the statements made by the defendant under
24 oath on the record and in the presence of counsel, and the remarks of the Assistant United
25 States Attomey and of counsel for defendant,
2 6 (A) I FIND as follows:
27 (1) that defendant understands the nature of the charge against him to which the plea
2 8 is offered;
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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 only and that the Court may depart from those guidelines under
7 some circumstances;
8 (4) that the plea of guilty by the defendant has been knowingly and voluntarily made
9 and is not the result of force or threats or of promises apart from the plea agreement
1 0 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 him in
13 a prosecution for perjury or false statement;
14 (7) that the Defendant understands that by pleading guilty he/she waives the right to
15 a jury trial.
16 (8) The Defendant understands the terms of any plea agreement provisions waiving
17 the right to appeal or to collaterally attack the sentence; and,
18 (9) that there is a factual basis for the defendant's plea; and further,
19 (B) I RECOMMEND that the plea of guilty to the Infomation be accepted subject
2 0 to the Court‘s acceptance of the plea agreement which shall remain lodged with the Court
2 1 pending District Judge Roslyn O. Silver's decision whether to accept or reject the plea
22 agreement after review of the presentence report.
23 O R D E R .
24 IT IS ORDERED that any objection to the guilty plea proceedings and any
25 request(s) for supplementation of those proceedings be made by the parties in writing and
26 shall be specific as to the objection(s) or request(s) made. All objections or requests for
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1 supplementation shall be filed within ten (10) days of the date of service of a copy of these
2 findings unless extended by an Order of the assigned districtjudge.
3 DATED this 16th day of August, 2005.
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6 Uiiitlgzlnggags iludigsstggte Jud e
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