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United States v. Seeman

United States District Court, N.D. Iowa, Cedar Rapids Division

November 9, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
KEVIN ALLEN SEEMAN, Defendant.

          REPORT AND RECOMMENDATION REGARDING DEFENDANT'S GUILTY PLEA AND AMENDMENT TO INDICTMENT

          Mark A. Roberts United States Magistrate Judge.

         On November 8, 2018, the above-named defendant appeared before the undersigned United States Magistrate Judge by consent and, pursuant to Federal Rule of Criminal Procedure 11, pleaded guilty to Count 1 of the Amended Indictment, Possession of a Firearm by a Felon, in violation of 18 U.S.C. Sections 922(g)(1).[1] After cautioning and examining Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that Defendant's decision to plead guilty 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. I therefore RECOMMEND that the Court ACCEPT Defendant's guilty plea and adjudge Defendant guilty of the charge in Count 1 of the Amended Indictment.

         • Motion to Strike Surplusage in the Indictment

         At the commencement of the Rule 11 proceeding, the Government made an oral motion to strike surplusage in the Indictment under Federal Rule of Criminal Procedure 7(d). The Government sought to have the case number associated with the underlying charges listed in Count 1 of the Indictment removed because the state case number is incorrect where it is cited. The citation is not necessary. Defendant did not resist the motion.

         I granted the motion for purposes of the plea hearing and told the Parties we would proceed with the plea to the Amended Complaint. I further told the Parties that I would recommend that the district court judge accept that correction of the scrivener's error in the Indictment. The resulting Indictment will be referred to as “the Amended Indictment” throughout this document.

         I recommend the Court grant the Government's Oral Motion to Strike Surplusage in the Indictment and strike the wordsin case number FECR11701” in both subparagraph 1 and subparagraph 2 of Count 1 of the Indictment.

         I placed Defendant under oath and explained that if Defendant answered any question falsely, the Government could prosecute Defendant for perjury or for making a false statement. I also advised Defendant that in any such prosecution, the Government could use against Defendant any statements made under oath.

         I then asked Defendant a number of questions to ensure Defendant had the requisite mental capacity to enter a plea. I elicited Defendant's full name, age, and extent of education. I also inquired into Defendant's history of mental illness; use of illegal and/or prescription drugs; and use of alcohol. From this inquiry, I determined Defendant was not suffering from any mental disability that would impair Defendant's ability to make a knowing, intelligent, and voluntary guilty plea.

         Defendant acknowledged receipt of a copy of the Amended Indictment and further acknowledged that Defendant had fully discussed the Amended Indictment with Defendant's counsel. Defendant acknowledged that Defendant had fully conferred with Defendant's counsel prior to deciding to plead guilty and that Defendant was satisfied with counsel's services.

         I fully advised Defendant of all the rights Defendant would be giving up if Defendant decided to plead guilty, including the following:

1. The right to assistance of counsel at every stage of the case;
2. The right to a speedy, public trial;
3. The right to have the case tried by a jury selected from a cross-section of the community;
4. That Defendant would be presumed innocent, and would be found not guilty unless the Government could prove each and every element of the ...

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