United States District Court, S.D. Florida
REPORT AND RECOMMENDATION ON CHANGE OF PLEA
JACQUELINE BECERRA UNITED STATES MAGISTRATE JUDGE
CAUSE was before the Court following an Order of Reference to
conduct a proceeding for acceptance of a guilty plea by
Defendant in this case. Based upon the change of plea hearing
conducted on June 20, 2019, this Court makes the following
findings, and recommends that the guilty plea be accepted.
Court advised Defendant of his right to have these
proceedings conducted by the District Judge assigned to the
case, and that this Court was conducting the change of plea
hearing pursuant to an Order of Reference from the District
Court. This Court 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 sentence. This Court advised Defendant 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 by the District
Judge assigned to the case. Defendant, Defendant's
attorney and the Assistant United States Attorney all
consented on the record to this Court conducting the change
of plea hearing.
Court conducted a plea colloquy in accordance with the
outline set forth in the Bench Book for District Judges, and
in accordance with Fed. R. Crim. P. 11.
Defendant pled guilty to Count 1 of the Indictment that
charged him with conspiracy to commit health care fraud and
wire fraud, in violation of Title 18, Unites States Code,
Section 1349. The Court advised Defendant that as to that
charge there is a statutory maximum potential sentence of:
(1) twenty years in prison; (2) followed by a term of
supervised release of three years; (3) a fine of up to $250,
000 or a fine not more than the greater of twice the gross
gain or twice the gross loss from the offense; and a (4)
mandatory special assessment of $100.00. Defendant
acknowledged that he understood the possible maximum
penalties that could be imposed in the case, as well as
potential forfeiture and restitution.
There is a written plea agreement which has been entered into
by the parties in this case. This Court reviewed that plea
agreement on the record and Defendant acknowledged that he
understood the terms of the plea agreement and that he had
signed the plea agreement.
set forth the factual basis for the entry of the plea,
Defendant and the Government submitted a written Factual
Proffer. The Factual Proffer, also read by the Government at
the hearing, established all the essential elements of the
crime to which Defendant is pleading guilty. Defendant
acknowledged that the Factual Proffer was accurate.
Based upon all of the foregoing and the plea colloquy
conducted by this Court, the undersigned finds that Defendant
is fully competent and capable of entering an informed plea,
that Defendant is aware of the nature of the charges and the
consequences of the plea, and that the plea of guilty is a
knowing and voluntary plea supported by an independent basis
in fact containing each of the essential elements of the
Therefore, this Court recommends that Defendant be found to
have freely and voluntarily entered his guilty plea to Count
1 of the Indictment filed in this case, as more particularly
described herein, and that Defendant be adjudicated guilty of
pre-sentence investigation report is being prepared for the
District Court by the United States Probation Office. The
sentencing date is September 3, 2019, at 11:00 a.m.
Defendant's conditions of release remain the same.
it is hereby:
that Defendant VIKELY GARCIA BRITO's plea of guilty be
accepted, that Defendant be adjudicated guilty of the offense
to which he has entered his plea of guilty and that a
sentencing hearing be conducted for final disposition of this
parties will have fourteen calendar days from the date of
service of this Report and Recommendation within which to
file written objections, if any, for consideration by the
United States District Judge.
request for an extension of this deadline must be made within
seven calendar days from the date of this Report and
Recommendation. Pursuant to Fed. R. Crim. P. 59(b), Eleventh
Circuit Rule 3-1, and accompanying Internal Operating
Procedure 3, the parties are hereby notified that failure to
object in accordance with 28 U.S.C. § 636(b)(1) waives
the right to challenge on appeal the District ...