Free Findings of Fact - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
United States of America, )
)
Plaintiff, )
) CR 03—0O441—O0l—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 [3 probation orl 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 admission(s) 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,
(AJ I FIND as follows:
(1) that Defendant is competent to admit the violationis);
{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 the following allegation{s}
Counsel: Deirdre Mokos; AUSA: Don Overall; —DCB(JCG)
Case 2:03-cr—00441—DCB-JJIVI Document 30 Filed 08/22/2005 Page 1 0f2


CR 03-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;
(B] g that the government will recommend a sentencing range of
8-11 months incarceration EI with E without agreement as to whether
the sentence will run consecutive to or concurrent with any other sentence;
B that no further supervised release to follow in this case;
U that there is no sentencing agreement;
E 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 sentence
of the supervised release;
¤ 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: 8/19/2005 .
( %GIS'I‘Q'I'E JUDGE
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Case 2:03-cr-00441-DCB-JJM

Document 30

Filed 08/22/2005

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

Document 30

Filed 08/22/2005

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