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

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
1
United States of America. )
>
Plaintiff, )
> cn 03-00441-001-PHX-DCB(JCG}
vs. )
) MAGISTRATE JUDGE'S
) FINDINGS AND RECOMMENDATION
MIGUEL ALESSIO SERRANO—CASTRO ) UPON ADMISSION{S}
)
Defendant. )

Upon Defendant’s request to enter admission(s] of guilt to the allegation(s)
that he/she violated the conditions of ij probation or E9 supervised release
this matter was referred to the Magistrate Judge by the District Court, with the
written consents of the Defendant, counsel for the Defendant, and counsel for the
United States.
Thereafter, the matter came on for a hearing on Defendant's admissionls) to the
Violation Petition, before the Magistrate Judge, in open court and on the record.
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:
(I) that Defendant is competent to admit the violation(s);
(2) that Defendant understands his/her right to an evidentiary
hearing and has knowingly and voluntarily waived his/her right to that hearing;
(3) that Defendant understands the sentencing options the Court may
impose as a result of his/her admission(s);
(4) that Defendant understands the nature of the allegation(s) against
him/her;
(5) that Defendant has admitted he following allegationfsl
/7; ( @6% Ci Vzb/ew,-Ȣ**{B
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Counsel: Deirdre Mokos; AUSA: Don Overall; —DCB(JCG)
Case 2:03-cr—OO441—DCB-JJIVI Document 41 Filed 12/O1/2005 Page 1 of 2


CR O3-OO44l—PHX—DCB§JCG} , 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 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) /’q5 that the government will recommend a sentencing cap of
t3;”L_ 6:: months incarceration E3 with /XEpwithout agreement as to whether the
sentence will run consecutive to or concurrent with any other sentence;
xg that ~cf5>·* supervised release to follow;
E that there is no sentencing agreement;
U that it is agreed that remaining violations in the petition
will be dismissed at sentencing;
and further,
/Epbefendant waives his/her right to appeal the judgment and sentence
of the supervised release;
/) 7Written plea agreement submitted;
U Oral agreement of parties; l
U No written plea agreement submitted;
(B} I RECOMMEND that the District Court accept the Defendant's admission(s).
DATED: l2[lf2005 .
Q » / __,.
*‘ ... /_. » , V .¢1`44i·Q, ·
ED TATES MAGISTR T JUDGE
Case 2:03-cr—OO441—DCB-JJIVI Document 41 Filed 12/O1/2005 Page20f2

Case 2:03-cr-00441-DCB-JJM

Document 41

Filed 12/01/2005

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Case 2:03-cr-00441-DCB-JJM

Document 41

Filed 12/01/2005

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