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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA

vs. CASE NO. 4:11cr21-SPM

HAYWARD LAMAR GRIFFIN

a/k/a "Haywood L. Griffin,"

 

Defendant.

 /

REPORT AND RECOMMENDATION

Defendant originally proposed to enter a guilty plea to Counts One, Four, Five

and Six of this indictment. The district judge referred this matter to me for purposes of

hearing Defendant's proposed change of plea pursuant to Fed.R.Crim.P. 11 and to

enter a report and recommendation as to whether to accept the change of plea. All

parties consented to this procedure, and the written consent has been entered. 

After hearing, it is found that, as to Count One, the conspiracy count, Defendant

would not admit that he had a mutual understanding with co-defendant Paramore or

with any other person to distribute and to possess with intent to distribute cocaine and

twenty-eight grams or more of cocaine base, and he said that he did not wish to plead

guilt to Count One. The Government elected to proceed with a guilty plea as to Counts

Four, Five, and Six of this indictment. This report and recommendation, therefore,

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recommends acceptance of the guilty plea to Counts Four, Five, and Six, but, to extent

that it was offered, recommends that a guilty plea to Count One be rejected.

After hearing as to a guilty plea to Counts Four, Five, and Six, it is found that:

1. Defendant understands the nature of the charge or charges as to which the

plea is offered.

2. Defendant understands the right to trial by jury, to persist in a plea of not

guilty, to assistance of counsel at trial, and to confront and cross examine adverse

witnesses, and understands the right against compelled self-incrimination.

3. Defendant understands the maximum possible sentence if the guilty plea is

accepted, including the effect of a supervised release term, understands that the

sentencing guidelines are advisory, and understands that the court has discretion to

depart from those guidelines and sentence up to the statutory maximum sentence.

4. The plea of guilty by the Defendant has been knowingly and voluntarily made,

and is not the result of force or threats, or of promises except for promises contained in

the written plea agreement between the parties.

5. Defendant is competent to plead guilty.

6. Defendant understands that answers given by the Defendant during the plea

colloquy, which were under oath, may be later used against the Defendant in

prosecution for perjury or false statement.

7. There is a factual basis for Defendant's guilty plea.

8. There is a plea agreement which has been modified to withdraw a guilty plea

as to Count One, but offers a guilty plea as to the remaining Counts, which should be

accepted by the court. Defendant understands the terms of the plea agreement.

Case No. 4:11cr21-SPM/WCS

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9. Defendant has voluntarily consented to go forward with this plea of guilty

before me. Defendant knowingly and voluntarily has waived the ten day period for filing

objections to this report and recommendation, and agrees that written objections, if any,

must be filed within twenty-four hours from receipt of a copy of this report and

recommendation. The United States also consents to this procedure, including the

shorter period for objections.

Accordingly, it is RECOMMENDED that the court ACCEPT the plea agreement

and defendant's plea of guilty to Counts Four, Five, and Six, but REJECT a plea of

guilty to Count One.

IN CHAMBERS at Tallahassee, Florida, on May 12, 2011. 

s/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR.

UNITED STATES MAGISTRATE JUDGE

 

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 24 hours after receiving a copy of this report and

recommendation.

Case No. 4:11cr21-SPM/WCS

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