United States v. Blair

          FINAL REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY

          MATTHEW M. SCOBLE UNITED STATES MAGISTRATE JUDGE

         Upon Defendant's request to enter a guilty plea, pursuant to Rule 11 of the Federal Rules of Criminal Procedure, to Counts 1, 3, 4, and admission as to the Criminal Forfeiture Allegation of the First Superseding Indictment (“Indictment”), this matter was referred to the Magistrate Judge by the District Court, with the written^[1] and oral consents of Defendant, counsel for Defendant, and counsel for the United States.

         Thereafter, the matter came on for a hearing on Defendant's guilty plea, in full compliance with Rule 11, Federal Rules of Criminal Procedure, before the Magistrate Judge, in open court and on the record.

         In consideration of that hearing and the allocution 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 make the following FINDNGS - that the Defendant understands:

1. That any false statements made by the Defendant under oath may later be used against him in a prosecution for perjury;

2. The right to persist in a plea of not-guilty;

3. The consequence of not being a United States citizen;

4. The nature of the charges against him; 5. The loss of certain federal benefits because the charges include a drug crime; 6. The maximum possible sentence, including imprisonment, fine, and the effect of the supervised release term;

7. Any applicable mandatory minimum penalty;

8. The Court's authority to order restitution;

9. The Court's obligation to impose a special assessment;

10. Any applicable forfeiture;

11. The right to a speedy and public trial by jury;

12. The right to be represented by counsel - and if necessary to have the court appoint counsel at trial, and at every ...