United States District Court, N.D. Iowa, Eastern Division
REPORT AND RECOMMENDATION
Williams Chief United States Magistrate Judge.
February 23, 2018, the above-named defendant, Cody Allen
Richey, by consent (Doc. 126), appeared before the
undersigned United States Magistrate Judge pursuant to
Federal Rule of Criminal Procedure 11, and entered a plea of
guilty to Count Thirty-Six of the Indictment (Doc. 5). 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. 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.
acknowledged that defendant had received a copy of the
Indictment, and had fully discussed these charges with
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.
Court explained to defendant that because the plea agreement
provided for dismissal of charges, 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.
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,
the possibility that restitution could be ordered, and term
of supervised release. Because this charge involves fraud or
other intentionally deceptive practices, defendant was
advised that the Court also could order defendant to provide
notice of the conviction to victims of the offense.
respect to Count Thirty-Six
(36), defendant was advised that the maximum
fine is $250, 000; the maximum term of
imprisonment is twenty (20) years; and the
maximum period of supervised release is three
(3) years .
also was advised that he may be subject to the alternative
fine provisions of 18 U.S.C. § 3571. Under this section,
the maximum fine that may be imposed on defendant is the
greatest of the following amounts: (1) twice the gross gain
to defendant resulting from the offense; (2) twice the gross
loss resulting from the offense; (3) $250, 000; or (4) the
amount specified in the section defining the offense.
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. ...