Free Order - District Court of Arizona - Arizona

I ___ FILED ___1.0DG&D
Z]. ____FiECEI\fED ____COPY
2 . JUL o 7 zuns
3 CLERK 0 s uiernncr count
DISTRICT OF ARIZONA
. 4 BY _ P DEPUTY
5
IN THE UNITED STATES DISTRICT COURT
6
FOR THE DISTRICT OF ARIZONA
7 .
8 United States of America, )
9 Plaintiff] )
) CR 04- 1230-1-PI-IX-] AT
ro v. )
) FINDHQGS AND E
ll Ramiro Cortez-Torres, ) RECOMMENDATION OF THE
MAGISTRATE IUDGE UPON A
12 Defendant. ) PLEA OF GUILTY AND ORDER
13 Upon Defendant's request to enter a plea of guilty pursuant to Rule ll of the Federal
14 Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge
15 Lawrence O. Anderson on June 30, 2005 with the written consents of the defendant,
16 cotmsel for the defendant, and counsel for the United States of America.
17 In consideration of that hearing and the statements made by the defendant under
18 oath on the record and in the presence of counsel, and the remarks ofthe Assistant United
19 States Attorney and of counsel for defendant,
` 20 (A) I F IND as follows:
21 (1) that defendant understands the nature of the charge against him to which the plea
2 2 is offered;
23 (2) that defendant understands his right to trial by jury, to persist in his plea of not
24 guilty, to the assistance of counsel at trial, to confront and cross-examine adverse
25 witnesses, and his right against compelled self-incrimination;
2 6 (3) that defendant understands what the maximum possible sentence is, including
2 7 the effect of the supervised release term, and defendant understands that the sentencing
2 8 guidelines are advisory only and that the Court may depart from those guidelines under
_ Case 2:04-cr—O1230-JAT Document 47 Filed O7/O7/2005 S NONED

1 osome circumstances;
2 (4) that the plea of guilty by the defendant has been knowingly and voluntarily made
3 and is not the result of force or threats or of promises apart Born the plea agreement
4 between the parties; I
5 (5) that defendant is competent to plead guilty;
6 (6) that the defendant understands that his answers may later be used against him in
7 a prosecution for perjury or false statement;
B (7) that the Defendant understands that by pleading guilty he waives the right to a
9 jury trial.
10 (8) The Defendant understands the terms of any plea agreement provision waiving
11 the right to appeal or to collaterally attack the sentence; and
12 (9) that there is a factual basis for the defendants plea; and further,
13 (B) I RECOMMEND that the plea of Guilty to the Indictment be accepted subject
14 to the C0urt's acceptance of the plea agreement which shall remain lodged with the Court
15 pending Judge Teilborg's decision whether to accept or reject the plea agreement after
16 review of the presentence report.
17 O R D E R
18 IT IS ORDERED that any objection to the guilty plea proceedings and any
19 request(s) for supplementation of those proceedings be made by the parties in writing and
2 0 shall be specific as to the objection(s) or request(s) made. All objections or requests for
2 1 supplementation shall be Hled within ten (10) days of the date of service of a copy of these
2 2 findings unless extended by an Order of the assigned district judge.
23 DATED this 30th day of June, 2005.
24 I
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Case 2:04-cr-01230-JAT

Document 47

Filed 07/07/2005

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Case 2:04-cr-01230-JAT

Document 47

Filed 07/07/2005

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