United States District Court, Northern District of Iowa, Cedar Rapids Division
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY
JON STUART SCOLES, CHIEF MAGISTRATE JUDGE
The defendant, by consent, appeared before the court pursuant to Federal Rule of Criminal Procedure 11 on January 28, 2015, and entered a conditional plea of guilty to the lesser-included offense in Count 1 of the Indictment, namely Second Degree Murder in Indian Country. After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Federal Rule of Criminal Procedure 11, the court determined that the guilty plea was knowing and voluntary, and that the offense charged is supported by an independent basis in fact containing each of the essential elements of such offense. The court therefore RECOMMENDS that the plea of guilty be accepted and that the defendant be adjudged guilty and have sentence imposed accordingly.
This is a Federal Rule of Criminal Procedure 11(c)(1)(C) guilty plea. If the District Court Judge refuses to be bound by the parties' plea agreement, then either party may withdraw from the plea agreement and defendant may withdraw his pleas of guilty.
At the commencement of the Federal Rule of Criminal Procedure 11 proceeding, the defendant was placed under oath and advised that if he answered any questions falsely, he could be prosecuted for perjury or for making a false statement.
The court then asked a number of questions to ensure the defendant's mental capacity to enter a plea. The defendant stated his full name, his age, and the extent of his schooling. The court inquired into the defendant's history of mental illness and addiction to controlled substances. The court further inquired into whether the defendant was under the influence of any drug, medication or alcoholic beverage at the time of the plea. From this inquiry, the court determined that the defendant was not suffering from any mental disability mat would impair his ability to make a knowing, intelligent and voluntary plea of guilty to the charges.
The defendant acknowledged that he had received a copy of the Indictment and that he had fully discussed these charges with his attorney.
The defendant was then fully advised of his right not to plead guilty and to have a jury trial, including:
1. The right to assistance of counsel at every stage of the pretrial and trial proceedings;
2. The right to a speedy, public trial;
3. The right to have his case tried by a jury selected from a cross-section of the community;
4. That he would be presumed innocent at each stage of the proceedings, and would be found not guilty unless the government could prove each and every element of the offense beyond a reasonable doubt;
5. That the government could call witnesses into court, but that his attorney would have the right to confront and cross-examine these witnesses;
6. That the defendant would have the right to see and hear all witnesses presented at trial;
7. That the defendant would have the right to subpoena defense witnesses to testify at the trial and that if he could not afford to pay the mileage and other fees to require the attendance of these witnesses, ...