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 December 17, 2019, this Court makes the
following findings, and recommends that the guilty plea be
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 which
charged Defendant with illegally reentering the United States
after removal, in violation of Title 8, United States Code
Sections, 1326(a) and 1326(b)(1). The Court advised Defendant
that as to that charge there is a statutory maximum sentence
of ten years of imprisonment, followed by a supervised
release period of three years, a fine of up to $250, 000.00,
and a mandatory special assessment of $100.00. Defendant
acknowledged that he 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 no written plea agreement.
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 his 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 March 24, 2020, at 2:00 p.m.
Defendant is in custody and will remain in custody until
parties were also instructed to immediately notify the
Chambers of Chief Judge K. Michael Moore if the sentencing in
this matter is expected to exceed one-half hour.
it is hereby:
that Defendant'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 ...