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

_ FILED .,,,..._LODGED
·· ( RECEIVED _____,COPY
UNITED STATES DISTRICT COURT l
DISTRICT OF ARIZONA ALB I 8 m
United States of America, g CLE[§§TLé%-?§gi]F%;g£XRT
Plaintiff, ) BY*—————-**··"—————DEPUTY
} CR 04-01232-U0l~R@x—JMR(JCG)
VS- i MAGISTRATE JUDGE'S
ikzef } FINDINGS AND RECOM ENDATION
MIGUELA OPEZ—GARCIA ) UPON ADMISSION(S)
HJ Defendant. i

Upon Defendant's request to enter admission(s) of guilt to the allegation(s)
that he/she violated the conditions of [3 Pf0b¤Ui@T€H` E 5UP9fViS€d Iéleise 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
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) l.FIND as follows:
(1) that Defendant is competent to admit the violation(s);
{2) that Defendant understands the nature of the allegati0n(s) against
him/her;
in (3] that Defendant understands his/her right to an evidentiary hearing and has
knowingly, intelligently and voluntarily waived hisfher right to that
` hearing;
(4] that Defendant understands the sentencing options the Court may impose as
a result of his/her admission(s); _
(5) that Defendant has admitted the following allegation(s} ii ; and it is
agreed that remaining violations, if applicable, in the petition will be
dismissed at sentencing; and further,
(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 isfare not the result of force or
threats or of promises apart from the plea agreement between the parties;
.4
Case 2:04—cr—01232—JIVIR—JCG Document 40 Filed 08/18/2008 Page1 0f2

CR 04—U1232—TUC—JMR§JCG) , pg. 2 ‘
(8) AGREEMENT:
There is no written agreement; OR
X Written agreement submitted and Defendant waives hisfher right to
appeal the judgment and disposition of the supervised release; OR `
I] Oral agreement of parties;
(9} ssmzmcsz
EI The parties agree that the defendant will be sentenced to:
months of incarceration: OR
E}'that the government will recommend a period of incarceration not to
exceed the middle of the applicable guideline range under U.S.S.G §
fw 7Bl.4[a) (Revocation Table), and not below the minimum of that range, i.e.
months incarceration; OR
E other, specifically:
(10) SUPERVISED RELEASEIADDITIDNZL CONDITIONS:
I An additional term of months supervised release;
IE An additional term of supervised release to be determined by the court;
D NO additional term of supervised release
[Z] ln addition to previously imposed conditions, the following condition(s)
shall be imposed: ·
{111 consacuwxvm/coucuassmwz
EQ There is no agreement regarding consecutive or concurrent sentences (or
the issue is not applicable in this case): OR
D The government agrees that it will not take a position whether this
as- sentence should be concurrent or consecutive to another sentence.
{B) I RECOM END that the District Court accept the Defendant's admissionfsl.
DATED: 8/18/08 . z;;iZfii,,

'*°"iS¤dC’3§°.s‘eC2*?o4°~x*3r*°=01232-JI\/IR—JCGe Document 40 Filed 08/18/2008 Page20f2

Case 2:04-cr-01232-JMR-JCG

Document 40

Filed 08/18/2008

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Case 2:04-cr-01232-JMR-JCG

Document 40

Filed 08/18/2008

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