United States District Court, S.D. California
September 14, 2005.
UNITED STATES OF AMERICA Plaintiff,
Francisco Javiev Ayala-Carrazco Defendants.
The opinion of the court was delivered by: RUBEN BROOKS, 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 that s/he has the right
to persist in his/her plea of "not guilty;"
3. that Defendant understands that s/he has the right
to a speedy and public trial;
4. that Defendant understands that s/he has the right
to be tried by a jury, or that s/he may give up that
right and have a judge try the case without a jury;
5. that Defendant understands that s/he has the right
to the assistance of counsel at trial;
6. that Defendant understands that, at trial, s/he
would have the right to confront and cross-examine
the witnesses against him/her;
7. that Defendant understands that, at trial, s/he
would have the right to present a defense, and the
right to have witnesses subpoenaed to testify on
8. that Defendant understands that if s/he had a
trial, s/he would have the right against compelled
9. that Defendant understands the nature of the
charge against him/her;
10. that Defendant understands the maximum possible
sentence that s/he could receive, and the effect of a
supervised release term, and further, that Defendant
understands that the sentencing guidelines apply and
that 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 his/her
plea agreement; and
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 Gonzalez on 12/5/05 @ 9:00 am.
Objections to these Findings and Recommendation must be filed
within 14 days of the date of this order.
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