United States District Court, N.D. Iowa, Central Division
REPORT AND RECOMMENDATION
C.J.
Williams Chief United States Magistrate Judge
On
March 28, 2018, the above-named defendant Nicholas Freitag,
by consent (Doc. 18), appeared before the undersigned United
States Magistrate Judge pursuant to Federal Rule of Criminal
Procedure 11, and entered a plea of guilty to Count Two (2)
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.
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 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.
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,
the mandatory minimum term of imprisonment, and term of
supervised release. Defendant was also advised that
restitution may be ordered.
With
respect to Count Two (2), defendant was
advised that the maximum fine is $250, 000;
the maximum term of imprisonment is ten (10)
years; and the maximum period of supervised release
is three (3) years. Defendant was also
advised that if he has three prior convictions for a violent
felony or a serious drug offense, or both, committed on
occasions different from one another, the maximum fine is
$250, 000; the maximum term of imprisonment
is life; the mandatory minimum term of
imprisonment is fifteen (15) years; and a
term of supervised release of not more than 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 explained supervised release to defendant, and advised
that a term of supervised release could be imposed in
addition to the sentence of imprisonment. Defendant was
advised that there are conditions of supervised release, and
that if defendant were found to have violated a condition of
supervised release, then the term of supervised release could
be revoked and defendant could be required to serve in prison
all or part of the term of supervised ...