United States v. Miller

          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 ...