IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Robert E. Blackburn, Judge

Criminal Action No. 11-cr-00408-REB

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. LYDIA L. WHITE,

Defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW 

ON THE ENTRY OF A PLEA OF GUILTY

Blackburn, J.

On May 4, 2012, I conducted a change of plea hearing during which (1) the

defendant, her counsel, counsel for the government, and I formally reviewed and

considered the plea agreement of the parties as stated in Court’s Exhibits 1 and 2 (“plea

agreement”); (2) I rearraigned the defendant under Fed. R. Crim. P. 10; and (3) I formally

advised the defendant and conducted providency proceedings under Fed. R. Crim. P. 11.

Based upon my exchange and colloquy with the defendant under oath in open court

on the record; based upon the representations, remarks, and statements of counsel for the

government and counsel for the defendant; based upon my review of the file and my

review of the written plea agreement as stated in Court’s Exhibits 1 and 2, I enter the

following findings of fact and conclusions of law:

That the defendant appeared to be alert and not under the influence of or impaired

by drugs, narcotics, marihuana, alcohol, medication, or intoxicants;

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That the defendant was competent and fully understood the nature, circumstances,

and essential elements of the offenses to which the pleas of guilty were entered;

That the defendant understands clearly that the government has the right in a

prosecution for perjury or false statement to use against the defendant any statement that

the defendant gives under oath;

That the defendant understood the direct and collateral consequences that she may

suffer or experience as a result of her participation in the plea agreement, her pleas of

guilty, and the resultant felony convictions and sentences;

That the defendant’s pleas of guilty were made and entered voluntarily, knowingly,

intelligently and intentionally, and were not the result of mistake; misunderstanding, fear,

force, threats, coercion, or undue influence by anyone;

That the defendant’s pleas of guilty were not the result of any promise or

inducement made by anyone, including legal counsel, except as previously indicated on

the record and included in the written plea agreement;

That the defendant understood each of her legal rights, including the rights

enumerated at Fed. R. Crim. P. 11(b)(1)(B) and (E), and her right to a trial by jury and her

right to be represented throughout this criminal case by an attorney even if indigent; and

that the defendant freely, voluntarily, knowingly, intelligently, and intentionally waived her

rights and privileges, including the right to trial by jury and her right to appeal any pretrial

order or ruling of the court, but excepting her right to be represented throughout this

criminal case by an attorney even if indigent and her right to appeal any sentence I

impose;

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That the defendant understood the maximum possible penalties, including

imprisonment, fine, and term of supervised release;

That the defendant understood that in imposing sentence, I must consult and

consider the purposes and goals of sentencing as prescribed by Congress, the relevant

provisions of the advisory United States Sentencing Guidelines, any motion for a

sentence departure or variance, and the provisions of 18 U.S.C. § 3553 (a)(1)-(7);and

the defendant clearly understood that regardless of the sentence I impose, She may not

withdraw her pleas of guilty on that basis;

 That the defendant understood that the court will not be bound by any

representations by anyone concerning the sentences and penalties to be imposed, except

as specified in the plea agreement or on the record;

That a factual basis existed to support and sustain the plea agreement and the

defendant’s pleas of guilty;

That the defendant has been represented at the change of plea hearing and

throughout this case by effective and competent counsel with whom the defendant had no

objection, criticism, or complaint whatsoever;

That the defendant had sufficient time to read, review, discuss, and consider her

plea agreement and to discuss it carefully and thoroughly with her attorney; 

That the defendant read, understood, and accepted each and every term and

provision within her plea agreement, which she reviewed carefully and thoroughly with her

attorney; 

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That the plea agreement conformed in form and substance to the requirements of

law, including The Local Rules of Practice of the United States District Court for the District

of Colorado-Criminal; and

That on the record considered as a whole, I conclude that I may properly accept the

defendant’s pleas of guilty, which were entered in the context of her plea agreement, and

defer formal approval of the plea agreement as stated in Court’s Exhibits 1 and 2, 

pending opportunity to consider the presentence report. 

Dated May 8, 2012, at Denver, Colorado.

BY THE COURT:

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