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 June
19, 2019, I conducted a change of plea hearing during which
(1) the defendant, his counsel, counsel for the government,
and I formally reviewed and considered the plea agreement of
the parties as stated in Court's Exhibits 1, 1A, 2, and
2A ("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, 1A, 2, 2A, 3, and 3A, 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
his 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 he may suffer or experience as a result of
his participation in the plea agreement, his 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; That the defendant understood each of his legal
rights, including the rights enumerated at Fed. R. Crim. P.
11(b)(1)(B) and (E), and his right to a trial by jury and his
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 his rights and privileges, including the right to
trial by jury, and, except as limited expressly by the plea
agreement, his right to appeal or to collaterally attack the
prosecution, conviction, and/or sentence; however, the
defendant did not waive his 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 he and the government stipulated under Fed.
R. Crim. P. 11(c)(1)(C) to a sentence of imprisonment of 10
years, the statutory mandatory minimum;
That
the defendant understood that the court will not be bound by
any representations by anyone concerning the penalty to be
imposed;
That
having compared the conduct admitted or conceded by the
defendant with the elements of the charged offense, a factual
basis exists 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 with whom the defendant has no objection, criticism,
or complaint whatsoever;
That
the defendant had sufficient time to read, review, discuss,
and consider his plea agreement and to discuss it carefully
and thoroughly with his attorney;
That
the defendant read, understood, and accepted each and every
term and provision within his plea agreement, which he
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