United States District Court, N.D. Iowa, Cedar Rapids Division
ORDER REPORT AND RECOMMENDATION CONCERNING PLEA OF
Williams Chief United States Magistrate Judge
24, 2017, the above-named defendant, Rigoberto
Quezada-Hernandez, by consent (Doc. 9), appeared before the
undersigned United States Magistrate Judge pursuant to
Federal Rule of Criminal Procedure 11, and entered pleas of
guilty to Counts 1, 2, 3, and 4 of the
Indictment (Doc. 1). After cautioning and examining the
defendant under oath concerning each of the subjects
mentioned in Rule 11, the court determined that the guilty
pleas were knowledgeable and voluntary, and the offenses
charged were supported by an independent basis in fact
containing each of the essential elements of the offenses.
The court therefore RECOMMENDS that the
pleas of guilty be accepted and the defendant be adjudged
commencement of the Rule 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. He also was advised that in any
such prosecution, the Government could use against him any
statements he made under oath.
court 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 narcotic drugs.
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 hearing. From this inquiry,
the court determined that the defendant was not suffering
from any mental disability that would impair his ability to
make knowing, intelligent, and voluntary pleas of guilty to
defendant acknowledged that he had received a copy of the
Indictment and he had fully discussed these charges with his
court determined that there was no plea agreement
defendant was advised also that after his pleas were
accepted, he would have no right to withdraw the pleas at a
later date, even if the sentence imposed was different from
what the defendant or his counsel anticipated.
court summarized the charges against the defendant, and
listed the elements of the crimes. The court determined that
the defendant understood each and every element of the
crimes, and the defendant's counsel confirmed that the
defendant understood each and every element of the crimes
court elicited a full and complete factual basis for all
elements of the crimes charged in each Count of the
Indictment to which the defendant was pleading guilty.
court advised the defendant of the consequences of his pleas,
including, for each Count, the maximum fine, the maximum term
of imprisonment, and the mandatory minimum term of
imprisonment, and the possibility that restitution could be
ordered and term of supervised release. Because these charges
involve fraud or other intentionally deceptive practices, the
defendant was advised that the court also could order him to
provide notice of the conviction to victims of the offense.
respect to Counts 1 and 3, the defendant was
advised that the penalties for each count are as follows: the
maximum fine is $250, 000; the maximum term
of imprisonment is 10 years and the maximum
period of supervised release is 3 years.
Also restitution may be imposed pursuant to Title 18 for each
respect to Counts 2 and 4, the defendant was
advised that that the penalties for each count are as
follows: the maximum fine is $250, 000; the
maximum term of imprisonment is 10 years;
and the maximum period of supervised release is 3
years. Also restitution may be imposed pursuant to
Title 18 for each count.
defendant was advised that in aggregate his maximum penalties
for all four counts equal: the maximum fine
is $1, 000, 000; the maximum term of
imprisonment is 30 years; and the maximum
period of supervised release is 12 years.
defendant also was advised that the court is obligated to
impose a special assessment of $100.00 on
each Count, for a total of $400.00, which
the defendant must pay. The defendant also was advised of the
collateral consequences of a plea of guilty. The ...