Free Magistrate Judges Findings & Recommendations - District Court of Arizona - Arizona

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_. -· ‘ ' ____,___FILED ..........QLODGED I
I ________RECEIVED _____,___COPY
UNITED STATES DISTRICT COURT
I DISTRICT OF ARIZONA MAR 2 7 2008
I I
United States of America, ) CLERK U S ISTRICT COURT I
) DISTRICT OF ARIZONA (
Plaintiff. > BY———-—-——————DEPUTY, I
) CR O4-OOl3l—OOl—PHX-CKJIHCE)
vs. ) I
C ) MAGISTRATE JUDGE'S
) FINDINGS AND RECOMMENDATION I
JESUS ENRIQUE ROSAS-ARREDONDO ) UPON ADMISSION(S) I
>
Defendant. )
......._..__.____________________________) I
I
Upon Defendant's request to enter admission(s) of guilt to the allegation(s) that I
he/she violated the conditions of U probation 0r* supervised release this matter
» was referred to the Magistrate Judge by the District Court, with the written consent of
the Defendant, counsel for the Defendant, and counsel for the United States.
Thereafter, in open court and on the record, the matter came on for hearing on
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Defendant's admission(s) to the allegation(s) in the Petition. to Revoke before the
Magistrate Judge.
In consideration of that hearing and the admission made by the Defendant under oath
on the record and in the presence of counsel, and the remarks of the Assistant United
States Attorney,
(A) I FIND as follows:
(1) that Defendant is competent to admit the violation(s);
(2) that Defendant understands the nature of the allegation(s) against
him/her;
(3) that Defendant understands his/her right to an evidentiary hearing and
has knowingly, intelligently and voluntarily waived his/her right to
that hearing;
(4) that Defendant understands the sentencing options the Court may impose
as a result of his/her admission(s);
Q (5) that Defendant has admitted the following allegation(s)
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A
CR O4—OOl3l—PHX-CKJ(HCE) , pg. 2
(6) that there is a factual basis for the Defendant's admission(s);
(7) that the admission(s) by the Defendant has/have been knowingly,
intelligently and voluntarily made and is/are not the result of force
or threats or of promises apart from the plea agreement between the
_ parties;
(8) EZ/Zhat the government will recommend a E] sentence E] sentencing cap
D1 sentencing range K] disposition of \%';g=\ months incarceration
D with.|¤ without agreement as to whether the sentence/disposition will run
consecutive to or concurrent with any other sentence/disposition;
(9) Ufihat the government will recommend a period of incarceration not to
exceed the middle of the applicable guideline range under U.S.S.G § 7B1.4(a)
(Revocation Table), and not below the minimum of that range
K] with Nrwithout agreement as to whether the sentence/disposition will run
consecutive to or concurrent with any other sentence/disposition;
N/that Illg supervised release to follow;
U that supervised release is to be determined by the court;
U that there is no sentencing/disposition agreement;
U/that it is agreed that remaining violations in the petition will be
dismissed at sentencing; and further,
¢//Defendant waives his/her right to appeal the judgment and
gjnyénce/disposition of the supervised release;
Defendant waives his/her right to collaterally attack the validity
;;/porrectness of his/her conviction or sentence/disposition;
Written plea agreement submitted;
U Oral agreement of parties;
U No written plea agreement submitted; (
(B) I RECOMMEND that the District Court accept the Defendant's admission(s).
DATED: 3g27g2008 . Q, S !
e UNITED STATES MAGISTRATE JUDGE
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Case 2:04-cr-00131-CKJ

Document 32

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Case 2:04-cr-00131-CKJ

Document 32

Filed 03/27/2008

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