Free Magistrate Judge's Findings & Recommendations - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
United States of America, )
)
Plaintiff, )
) CR 04—DO731—001—PHX—DCB(GEE}
vs. )
) MAGISTRATE JUDGE'S
) FINDINGS AND RECOMMENDATION
ANTIOCO AYALA—SANDOVAL ) UPON ADMISSION(S)
Defendant. i

Upon Defendant's request to enter admission(s) of guilt to the allegationis)
that he/she violated the conditions of [1 probation or E9 supervised 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 violation(s);
(2) that Defendant understands his/her right to an evidentiary
hearing and has knowingly and voluntarily waived his/her right to that hearing;
(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 allegation(s)
Counsel: Saul Huerta; AUSA: Don Overall; —DCB(GEE)
Case2:O4-cr-00731-DCB Document 29 FiIed11/17/2005 Page10f2

CR 04-00731-PHx—DcsgGEE1 , 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;

(B) D that the government will recommend a sentencing.;ap.of
:;m*’g?' months incarceration D with U without agreement as to whether the
; sentence will run consecutive tc er concurrent with any other sentence;
Eithat §:=;[QjQ 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,
> TDefendant waives his/her right to appeal the judgment and sentence
of the supervised release;
Jzéuritten 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: ll 17 2005 .
afro z /
4AlEi~n»}‘!i Adi; !f;Q4¥11szu-4[;n
UNITED STATES ·GISTRA T JUDGE
Case2:O4-cr-00731-DCB D0cument29 FiIed11/17/2005 Page20f2

Case 2:04-cr-00731-DCB

Document 29

Filed 11/17/2005

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Case 2:04-cr-00731-DCB

Document 29

Filed 11/17/2005

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