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 November 6, 2019, this Court makes the following
findings, and recommends that the guilty plea be accepted.
Court advised Defendant of her 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
she 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 which
charged Defendant with Conspiracy to Receive Health Care
Kickbacks, in violation of Title 18, United States Code,
Section 371 and Title 42, United States Code, Section
1320a-7b(b)(1)(A). The Court advised the Defendant that as to
that charge there is a statutory maximum sentence of: (1)
five years imprisonment; (2) followed by three years of
supervised release; (3) a fine of up to $250, 000; and a
mandatory special assessment of $100.00. Defendant was also
advised of the possibility of forfeiture and restitution.
Defendant acknowledged that she understood the possible
maximum penalties that could be imposed in the case.
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.
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 she
understood the terms of the plea agreement and that she had
signed the plea agreement.
Defendant also waived her right to appeal her sentence unless
the government files an appeal. The undersigned finds that
Defendant's waiver of her right to appeal her sentence in
this case is knowing and voluntary.
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, the undersigned recommends that Defendant be found
to have freely and voluntarily entered her guilty plea to
Count I of the Indictment filed in this case, as more
particularly described herein, and that Defendant be
adjudicated guilty of that offense.
pre-sentence investigation report is being prepared for the
District Court by the United States Probation Office. The
sentencing date is January 16, 2019, at 2:00 p.m.
Defendant was advised that she should be prepared to
self-surrender at the conclusion of the Sentencing Hearing.
parties were also instructed to immediately notify the
Chambers of Chief Judge K. Michael Moore if the sentencing in