Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

United States v. MacIas

United States District Court, D. Idaho

December 30, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
ROLANDO MACIAS, Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION

B. LYNN WINMILL, Chief District Judge.

Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 28). On December 10, 2014, Defendant Rolando Macias appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's plea of guilty to the charges contained in Count Two of the Indictment (Dkt. 1), and that it was entered voluntarily and with full knowledge of the consequences. No objections to the Report and Recommendation have been filed.

The Court now has reviewed the record, and finds that the requirements of Rule 11 have been met. See United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003). Specifically, the Court finds that the Magistrate Judge adhered to the requirements of Rule 11(b); that under Rule 11(b)(2), the Defendant's plea was voluntary and not the result of force or threats or promises apart from the plea agreement; and that a factual basis for the plea exists. See id. Accordingly,

NOW THEREFORE IT IS HEREBY ORDERED that the Report and Recommendation (Dkt. 28) shall be, and the same is hereby, ADOPTED as the decision of the District Court and incorporated herein by reference, with the following exception

The Court does not adopt paragraph 4 of the Recommendation, which calls for the defendant to surrender for detention to the custody of the U.S. Marshal no later than 10:00 a.m. on December 31, 2014. The reasons for this ruling are explained in this Court's concurrent Order granting defendant's Motion for Release Pending Sentencing.

The Court adopts the Report and Recommendation in all other respects.

IT IS FURTHER ORDERED that the Defendant's plea of guilty to the crimes charged in Count Two of the Indictment (Dkt. 1), shall be, and the same is hereby, ACCEPTED by the Court as a knowing and voluntary plea supported by an independent basis in fact containing each of the essential elements of the offense.

IT IS FURTHER ORDERED that Defendant Rolando Macias is found to be GUILTY as to the applicable crimes charged in Count Two of the Indictment (Dkt. 1).


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.