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
January 16, 2020, 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
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
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 understands 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 entered voluntarily,
knowingly, intelligently and intentionally, and were 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 regardless of the sentence
I impose, he may not withdraw his 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
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 ...