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


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Date: June 2, 2006
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Category: District Court of Arizona
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UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
United States of America, }
Plaintiff, i
) CR 04-01131-0Ol—PHX—DCB(BPV)
vs. )
) MAGISTRATE JUDGE'S
) FINDINGS AND RECOMMENDATION
JOEL ORTEGA—MANCINAS ) UPON ADMISSION(S]
Defendant. g

Upon Defendant's request to enter admission(s) of guilt to the allegation(s)
that he/she violated the conditions of ID probation or Elsupervised 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,
(A) I FIND as follows:
(1) that Defendant is competent to admit the violationfs): .
(2} that Defendant understands his/her right to an evidentiary
hearing and has knowingly and voluntarily waived his/her right to that hearing; l
(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 allegationts)
__;9___,;
Counsel: Victoria Brambl; AUSA: Anne Mosher; -DCB(BPV]
Case 2:O4—cr—O1131—DCB—BPV Document 46 Filed 06/O1/2006 Page1 0f2

CR O4-Oll3l-PHX—DCB§BPVl , 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;
(8) D that the government will recommend a sentencing cap of
7 months incarceration H with E without agreement as to whether the
sentence will run ¤sn¤a¤£g§§E;no or concurrent with any other sentence;
IU that supervised release to follow;
U that there is no sentencing agreement;
U that it is agreed that remaining violations in the petition
will be dismissed at sentencing;
and further,
}§eDefendant waives his/her right to appeal the judgment and sentence
of the supervised release;
xi 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: 6jl[2006 .

Case 2:O4—cr—O1131—DCB—BPV Document 46 Filed 06/O1/2006 Page20f2

Case 2:04-cr-01131-DCB-BPV

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Case 2:04-cr-01131-DCB-BPV

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