United States District Court, D. Alaska
FINAL REPORT AND RECOMMENDATION OF THE MAGISTRATE
JUDGE UPON A PLEA OF GUILTY
DEBORAH M. SMITH CHIEF UNITED STATES MAGISTRATE JUDGE
Upon
defendant Christopher Miller's request to enter a guilty
plea to Count 1 - Drug Conspiracy, in violation of 21 U.S.C.
§§ 846 and 841(a)(1), (b)(1)(C), (b)(1)(D), and
(b)(1)(E), and admission as to the Criminal Forfeiture
allegation of the Indictment pursuant to Rule 11 of the
Federal Rules of Criminal Procedure, this matter was referred
to the Magistrate Judge by the District Judge, with the oral
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 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, I make the following FINDINGS - that the
Defendant understands:
1. The
government's right, in a prosecution for perjury or false
statement, to use against the defendant any statement that
the defendant gives under oath;
2. The
right to persist in a plea of “not guilty”;
3. The
right to a speedy and public trial;
4. The
right to trial by jury, or the ability to waive that right
and have a judge try the case without a jury;
5. The
right to be represented by counsel - and if necessary to have
the court appoint counsel - at trial and at every other stage
of the proceeding;
6. The
right at trial to confront and cross-examine adverse
witnesses, to be protected from compelled self-incrimination,
to testify and present evidence, and to compel the attendance
of witnesses;
7. The
defendant's waiver of these trial rights if the court
accepts a guilty plea or nolo contendere;
8. The
nature of each charge to which the defendant is pleading;
9. Any
maximum possible penalty, including imprisonment, fine, and
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