United States District Court, N.D. Iowa, Cedar Rapids Division
REPORT AND RECOMMENDATION
Williams Chief United States Magistrate Judge .
February 15, 2018, the above-named defendant Vicente Raymundo
Lopez, by consent (Doc. 14), appeared before the undersigned
United States Magistrate Judge pursuant to Federal Rule of
Criminal Procedure 11, and entered a plea of guilty to Count
One of the Indictment (Doc. 2). 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.
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.
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.
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
acknowledged that defendant had received a copy of the
Indictment, and had fully discussed these charges with
Court determined that there was no plea agreement.
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.
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.
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.
Court advised defendant of the consequences of the plea,
including the maximum fine, the maximum term of imprisonment,
and maximum term of supervised release.
respect to Count One (1), defendant was
advised that the maximum fine is $250, 000;
the maximum term of imprisonment is two (2)
years; the maximum period of supervised release is
one (1) year. The defendant was advised
that, if his removal was subsequent to convictions for three
or more misdemeanors involving drugs or crimes against the
person, or subsequent to a conviction for a felony, then the
maximum fine is $250, 000; the masimum term
of imprisonment is ten (10) years; and the
maximum term of supervised release is three (3)
years. The defendant was also advised that, if his
removal was subsequent to a conviction for an aggravated
felony, then the maximum fine is $250, 000;
the maximum term of imprisonment is twenty (20)
years; and the maximum term of supervised release is
three (3) years.
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.
Court advised defendant that, because defendant is not a
United States citizen, it is likely defendant will be
deported from the United States after serving any prison
sentence imposed. The Court also advised defendant that this
conviction may ...