UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

UNITED STATES OF AMERICA, )

Plaintiff, )

)

v. ) Cause No.: 2:14-cr-28-RL-PRC

 )

EDWIN TOLLINCHI-RODRIGUEZ, )

Defendant. ) 

FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE 

UPON A PLEA OF GUILTY BY DEFENDANT EDWIN TOLLINCHI-RODRIGUEZ

TO: THE HONORABLE RUDY LOZANO, JUDGE,

UNITED STATES DISTRICT COURT

Upon Defendant Edwin Tollinchi-Rodriguez’s request to enter a plea of guilty pursuant to

Rule 11 of the Federal Rules of Criminal Procedure, this matter came for hearing before Magistrate

Judge Paul R. Cherry, on March 28, 2014, with the consent of Defendant Edwin TollinchiRodriguez, counsel for Defendant Edwin Tollinchi-Rodriguez, and counsel for the United States of

America.

The hearing on Defendant Edwin Tollinchi-Rodriguez’s plea of guilty was in full compliance

with Rule 11, Federal Rules of Criminal Procedure, before the Magistrate Judge in open court and

on the record.

In consideration of that hearing and the statements made by Defendant Edwin TollinchiRodriguez under oath on the record and in the presence of counsel, the remarks of the Assistant

United States Attorney and of counsel for Edwin Tollinchi-Rodriguez,

I FIND as follows:

(1) that Defendant Edwin Tollinchi-Rodriguez understands the nature of the charge against

him to which the plea is offered;
(2) that Defendant Edwin Tollinchi-Rodriguez understands his right to trial by jury, to persist

in his plea of not guilty, to the assistance of counsel at trial, to confront and cross-examine adverse

witnesses, and his right against compelled self-incrimination;

(3) that Defendant Edwin Tollinchi-Rodriguez understands what the maximum possible

sentence is, including the effect of the supervised release term, and Defendant Edwin TollinchiRodriguez understands that the sentencing guidelines apply and that the Court may depart from

those guidelines under some circumstances;

(4) that the plea of guilty by Defendant Edwin Tollinchi-Rodriguez has been knowingly and

voluntarily made and is not the result of force or threats or of promises;

(5) that Defendant Edwin Tollinchi-Rodriguez is competent to plead guilty;

(6) that Defendant Edwin Tollinchi-Rodriguez understands that his answers may later be

used against him in a prosecution for perjury or false statement;

(7) that there is a factual basis for Defendant Edwin Tollinchi-Rodriguez’s plea; and further,

I RECOMMEND that the Court accept Edwin Tollinchi-Rodriguez’s plea of guilty to the

offense charged in Count 1 of the Information and that Defendant Edwin Tollinchi-Rodriguez be

adjudged guilty of the offense charged in Count 1 of the Information and have sentence imposed.

A Presentence Report has been ordered. Should this Report and Recommendation be accepted and

Edwin Tollinchi-Rodriguez be adjudged guilty, a sentencing date before Senior Judge Rudy Lozano

will be scheduled. Objections to the Findings and Recommendation are waived unless filed and
served within fourteen days. See 28 U.S.C. § 636(b)(1).

So ORDERED this 28th day of March, 2014.

s/ Paul R. Cherry 

MAGISTRATE JUDGE PAUL R. CHERRY

UNITED STATES DISTRICT COURT

cc: All counsel of record

Honorable Rudy Lozano