Free Order Adopting MJ Findings and Recommendations - District Court of Arizona - Arizona

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5 [N THE UNITED STATES DISTRICT COURT _
j l FOR THE DISTRICT OF ARIZONA
8 United States of America,
9 Plaintiiitl
1 0 V. · CR 04-424-01 -PHX—FJ M
1 1 Ryan Lewis, I lE:{Il%·ZqO%Hl:I/Icll/§EPNhIg]7?\TION OF THE
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13 I A on Defendants request to enter a plea of guilty pursuant to Rule ll of the Federal
14 Ru of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge
15 Lawrence O. Anderson on July 29, 2005 with the written consents of the defendant,
_ 1 6 counsel for the defendant, and counsel for the United States of America.
1 7 In consideration of that hearing and the statements inade by the defendant under
1 s oath on the record and in the presence of counsel, and the remarks of the Assistant United
1 9 States Attorney and of counsel for defendant, I
20 (A) I FIND as follows: `
2 1 (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—exa1nine adverse
2 5 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 B guidelines are advisory only and that the Court may depart from those guidelines under ‘
Case 2:O4—cr—OO424-FJIVI Document 14 Filed O8/O1/2005 Page 1 of 2

1 some 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 hom the plea agreement
4 between the parties;
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; ‘
8 (7) that the Defendant understands that by pleading guilty he waives the right to a
9 jury trial.
1 0 (8) The Defendant understands the terms of any plea agreement provision waiving _
1 1 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 Count 1 of the Indictment be
14 accepted subject to the Court's acceptance of the pleaagreement which shall remain lodged
15 with the Court pending Judge Mart0ne's decision whether to accept or reject the plea
16 agreement after review of the presentence report.
m ORDER _
18 IT IS ORDERED that any objection to the guilty plea proceedings and any .
1 9 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 tiled 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 29th day of July, 2005.
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Case 2:04-cr-00424-FJM

Document 14

Filed 08/01/2005

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Case 2:04-cr-00424-FJM

Document 14

Filed 08/01/2005

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