United States District Court, S.D. Florida
REPORT AND RECOMMENDATION ON CHANGE OF PLEA
PATRICK M. HUNT UNITED STATES MAGISTRATE JUDGE
CAUSE is before the undersigned on an Order of Reference (ECF
No. 25) from United States District Judge Donald Middlebrooks
to the undersigned, to conduct a proceeding for acceptance of
a guilty plea by Defendant Anthony Matthews in the
above-referenced case. The undersigned, having conducted a
Change of Plea hearing on February 7, 2018, recommends to the
District Court as follows:
February 7, 2018, the undersigned held a hearing to permit
Defendant, Anthony Matthews, to enter a change of plea. At
the outset of the hearing, the undersigned advised Defendant
of his right to have these proceedings conducted by the
District Judge assigned to the case. Further, Defendant was
advised that the Change of Plea hearing was being conducted
on an Order of Reference from the District Judge, at the
request of Defendant, Defendant's attorney, and the
Assistant United States Attorney assigned to this case. The
undersigned further advised Defendant that the District Judge
assigned to this case would be the sentencing judge and would
make all findings and rulings concerning Defendant's
Defendant was advised that he did not have to permit the
undersigned United States Magistrate Judge to conduct this
hearing and could request that the Change of Plea hearing be
conducted only by a United States District Judge. Defendant,
Defendant's attorney, and the Assistant United States
Attorney assigned to the case all agreed on the record and
consented to the undersigned conducting the Change of Plea
undersigned conducted a plea colloquy in accordance with the
outline set forth in the Bench Book for District Judges.
There is a written Plea Agreement (ECF No. 27) which has been
entered into by the parties in this case. The undersigned
reviewed the Plea Agreement on the record and had Defendant
acknowledge that he signed the Plea Agreement. The
undersigned also made certain that Defendant was aware of any
applicable mandatory minimum sentences and statutory
enhancements (there are none) and the maximum sentences which
could be imposed in this case pursuant to the Plea Agreement
and the applicable statutes. Defendant acknowledged that he
understood these possible maximum penalties which could be
imposed in this case.
Matthews pled guilty to Counts 1, 2, 3, 6 and 7 of the
indictment, which charge him with possession with intent to
distribute controlled substances, in violation of 21 U.S.C.
§§ 841(a)(1) and (b)(1)(c). The controlled
substances alleged in the indictment are crack cocaine
(Counts 1 and 7); cocaine (Counts 2 and 3); and a-PVP/flakka
(Count 6). The Government agreed to seek dismissal of Counts
4 and 5 at the time of sentencing.
Plea Agreement contains a waiver of appeal. The undersigned
read the waiver of appeal to Defendant on the record and
questioned Defendant thereafter. Defendant acknowledged on
the record in response to the undersigned's questions
that by entering into the Plea Agreement containing the
appeal waiver, he was waiving or giving up all rights to
appeal any sentence imposed by the District Court in this
case, except under the limited circumstances contained within
the appeal waiver provision read to Defendant from the Plea
parties provided an agreed written factual basis for the
entry of the plea (ECF No. 28) which included all of the
essential elements of the crimes to which Defendant is
pleading guilty and any sentencing enhancements and/or
aggravating factors that may be applicable (there are none).
Defendant acknowledged on the record that he had read and
signed the written proffer, and agreed that the facts set
forth in the proffer were true and accurate.
undersigned advised Defendant about the possible immigration
and other collateral consequences of his guilty pleas.
Based on all of the foregoing and the plea colloquy, the
undersigned recommends to the District Judge that Defendant,
Anthony Matthews, be found to have freely and voluntarily
entered his guilty pleas to Counts 1, 2, 3, 6 and 7 of the
indictment as more particularly described herein and that he
be adjudged guilty of these offenses.
Presentence Investigation Report is being prepared for the
District Court by the United States Probation Office.
Sentencing has been set for April 19, 2018, at 10:00 a.m. in
West Palm Beach before the Honorable Donald Middlebrooks,
United States District Judge.
the undersigned RECOMMENDS that Defendant Anthony
Matthews' pleas of guilty be accepted, that Defendant be
adjudged guilty of the offenses to which he has entered his
pleas of guilty and that a sentencing hearing be conducted
for final disposition of this matter.
parties will have fourteen (14) days from the date of being
served with a copy of this Report and Recommendation within
which to file written objections, if any, with the Honorable
Donald Middlebrooks, United States District Judge. Failure to
file objections timely shall bar the parties from a de
novo determination by the District Judge of an issue
covered in the Report and shall bar the parties from
attacking on appeal unobjected-to factual and legal
conclusions contained therein, except upon grounds of plain
error if necessary in the interest of justice. S ...