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U.S. v. HIGUERA-SANCHEZ
September 1, 2005.
UNITED STATES OF AMERICA, Plaintiff,
GREGORIO HIGUERA-SANCHEZ, Defendant.
The opinion of the court was delivered by: LOUISA PORTER, Magistrate Judge
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA
Upon Defendant's request to enter a plea of Guilty pursuant to
Rule 11 of the Federal Rules of Criminal Procedure, this matter
was referred to the Magistrate Judge by the District Judge, 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
plea of guilty, in full compliance with Rule 11, Federal Rules of
Criminal Procedure, before the Magistrate Judge, in open court
and on the record.
In consideration of that hearing and the allocution made by the
Defendant under oath on the record and in the presence of
counsel, and the remarks of the Assistant United States Attorney, I make the following FINDINGS:
1. that Defendant is competent to enter a plea;
2. that Defendant understands the right to persist in
a plea of "not guilty;"
3. that Defendant understands the right to a speedy
and public trial;
4. that Defendant understands the right to be tried
by a jury, or the ability to waive that right and
have a judge try the case without a jury;
5. that Defendant understands the right to the
assistance of counsel at trial;
6. that Defendant understands that, at trial, there
would be the right to confront and cross-examine the
witnesses against the defendant;
7. that Defendant understands that, at trial, there
is the right to present a defense, and the right to
have witnesses subpoenaed to testify on the
8. that Defendant understands that, at trial, the
defendant would have the right against compelled
9. that Defendant understands the nature of the
charge filed in this case;
10. that Defendant understands the maximum possible
sentence that could be received, the effect of a
supervised release term, and further, that Defendant
understands the sentencing guidelines apply and the
court may depart from the guidelines under some circumstances;
11. that Defendant's plea of guilty is made knowingly
12. that Defendant understands the terms of the plea
13. that there is a factual basis for Defendant's
I therefore RECOMMEND that the District Judge accept the
Defendant's plea of guilty.
The sentencing hearing will be before United States District
Judge Marilyn L. Huff, on 11/21/05, at 9:00 A.M.
Objections to these Findings and Recommendation must be filed
within 14 days of the date of this order.
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