United States District Court, D. Colorado
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON THE ENTRY
OF A PLEA OF GUILTY
Robert
E. Blackburn United States District Judge
On
March 20, 2019, I conducted a change of plea hearing during
which (1) the defendant, her counsel, counsel for the
government, and I formally reviewed and considered the plea
agreement of the parties as stated in Court's Exhibits 1
and 2 ("plea agreement"); (2) I rearraigned the
defendant under Fed. R. Crim. P. 10; and (3) I formally
advised the defendant and conducted providency proceedings
under Fed. R. Crim. P. 11.
Based
upon my exchange and colloquy with the defendant under oath
in open court on the record; based upon the representations,
remarks, and statements of counsel for the government and
counsel for the defendant; based upon my review of the file
and my review of the written plea agreement as stated in
Court's Exhibits 1 and 2, I enter the following findings
of fact and conclusions of law:
That
the defendant appeared to be alert and not under the
influence of or impaired by drugs, narcotics, marihuana,
alcohol, medication, or intoxicants;
That
the defendant was competent and fully understood the nature,
circumstances, and essential elements of the offense to which
her plea of guilty was entered;
That
the defendant understands clearly that the government has the
right in a prosecution for perjury or false statement to use
against the defendant any statement that the defendant gives
under oath;
That
the defendant understood the direct and collateral
consequences that she may suffer or experience as a result of
her participation in the plea agreement, her plea of guilty,
and the resultant felony conviction and sentence;
That
the defendant's plea of guilty was made and entered
voluntarily, knowingly, intelligently and intentionally, and
was not the result of mistake; misunderstanding, fear, force,
threats, coercion, or undue influence by anyone;
That
the defendant's plea of guilty was not the result of any
promise or inducement made by anyone, including legal
counsel, except as previously indicated on the record and
included in the written plea agreement;
That
the defendant understood each of her legal rights, including
the rights enumerated at Fed. R. Crim. P. 11(b)(1)(B) and
(E), and her right to a trial by jury and her right to be
represented throughout this criminal case by an attorney even
if indigent; and that the defendant freely, voluntarily,
knowingly, intelligently, and intentionally waived her rights
and privileges, including the right to trial by jury, and,
except as limited expressly by the plea agreement, her right
to appeal or to collaterally attack the prosecution,
conviction, and/or sentence; however, the defendant did not
waive her right to be represented throughout this criminal
case by an attorney even if indigent;
That
the defendant understood the maximum possible penalties,
including imprisonment, fine, and term of supervised release;
That
the defendant understood that in imposing sentence, I must
consult and consider the purposes and goals of sentencing as
prescribed by Congress, the relevant provisions of the
advisory United States Sentencing Guidelines, any motion for
a sentence departure or variance, and the provisions of 18
U.S.C. § 3553 (a)(1)-(7); and the defendant clearly
understood that regardless of the sentence I impose, she may
not withdraw her plea of guilty on that basis;
That
the defendant understood that the court will not be bound by
any representations by anyone concerning the penalty to be
imposed;
That a
factual basis existed to support and sustain the plea
agreement and the defendant's plea of guilty; That the
defendant has been represented at the change of plea hearing
and throughout this case by effective and competent counsel
...