Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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

United States v. Campbell

United States District Court, N.D. Iowa, Eastern Division

September 20, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
LAWRENCE EDWARD CAMPBELL, JR., Defendant.

          REPORT AND RECOMMENDATION

          C.J. Williams Chief United States Magistrate Judge.

         On September 20, 2017, the above-named defendant Lawrence Edward Campbell, Jr., by consent (Doc. 43), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Count 1 of the Indictment (Doc. 3). After cautioning and examining defendant under oath concerning each of the subjects mentioned in Rule 11, the Court determined that the guilty plea was knowledgeable and voluntary, and the offense charged was supported by an independent basis in fact containing each of the essential elements of the offense. The Court therefore RECOMMENDS that the plea of guilty be accepted and defendant be adjudged guilty.

         At the commencement of the Rule 11 proceeding, defendant was placed under oath and advised that if defendant answered any questions falsely, defendant could be prosecuted for perjury or for making a false statement. Defendant also was advised that in any such prosecution, the Government could use against defendant any statements made under oath.

         The Court asked a number of questions to ensure defendant's mental capacity to enter a plea. Defendant stated defendant's full name, age, and extent of schooling. The Court inquired into defendant's history of mental illness and addiction to narcotic drugs. The Court further inquired into whether 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 defendant was not suffering from any mental disability that would impair defendant's ability to make knowing, intelligent, and voluntary pleas of guilty to the charges.

         Defendant acknowledged that defendant had received a copy of the Indictment, and had fully discussed these charges with defendant's counsel.

         The Court determined that defendant was pleading guilty under a plea agreement with the Government. After confirming that a copy of the written plea agreement was in front of defendant and defendant's counsel, the Court determined that defendant understood the terms of the plea agreement. The Court summarized the plea agreement, and made certain defendant understood its terms.

         The Court explained to defendant that because the plea agreement provided for a specific sentence, if defendant pleaded guilty, a presentence report would be prepared and a district judge would consider whether or not to accept the plea agreement. If the district judge decided to reject the plea agreement, then defendant would have an opportunity to withdraw the plea of guilty and change it to not guilty.

         Defendant was advised also that after the plea was accepted, defendant would have no right to withdraw the plea at a later date, even if the sentence imposed was different from what defendant or defendant's counsel anticipated.

         The Court summarized the charge against defendant, and listed the elements of the crime. The Court determined that defendant understood each and every element of the crime, and defendant's counsel confirmed that defendant understood each and every element of the crime charged.

         The Court elicited a full and complete factual basis for all elements of the crimes charged in each Count of the Indictment to which defendant was pleading guilty.

         The Court advised defendant of the consequences of the plea, including the maximum fine, the maximum term of imprisonment, and the mandatory minimum term of imprisonment, and term of supervised release, including the mandatory minimum term of supervised release.

         With respect to Count 1, defendant was advised that the maximum fine is $250, 000; the maximum term of imprisonment is life; the mandatory minimum term of imprisonment is ten (10) years; the maximum period of supervised release is life; and the minimum period of supervised release is five (5) years.

         Defendant also was advised that the Court is obligated to impose a special assessment of $100.00 for each count to which defendant pled guilty, which defendant must pay. Defendant also was advised of the collateral consequences of a plea of guilty. Defendant acknowledged that defendant understood all of the above consequences.

         The Court advised defendant that defendant was pleading guilty under a plea agreement with the Government that provided for the imposition of a specific, agreed upon sentence at the time of the sentencing hearing. After confirming that a copy of the written plea agreement was in front of defendant and defendant's attorney, the Court determined that defendant understood the terms of the plea agreement. The Court explained to defendant that at the sentencing hearing, the district judge would consider whether or not to accept the plea agreement and impose the agreed upon sentence. If the district judge decided to accept the plea agreement and impose the agreed upon sentence, then defendant would receive the agreed upon sentence. If the district judge decided to reject the plea agreement and impose a different sentence, then defendant would have an opportunity to withdraw the plea of guilty and plead not guilty. The Court further advised defendant that pursuant to the terms of the plea agreement, which provided that defendant was pleading guilty pursuant to Rule 11(c)(1)(C), Federal Rules of Criminal Procedure, defendant would be sentenced to a term of imprisonment of 120 months (ten years). Furthermore, defendant was advised that defendant would be required to register as asex offender pursuant to the Sex Offender Registration and Notification ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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