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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

TO THE HONORABLE DIANE J. HUMETEWA, UNITED STATES DISTRICT JUDGE: 

 Upon Defendant’s request to enter a plea of guilty pursuant to Rule 11 of the 

Federal Rules of Criminal Procedure, this matter came on for hearing before United 

States Magistrate Judge Eileen S. Willett on November 13, 2015, with the written 

consents of Defendant, counsel for Defendant, and counsel for the United States of 

America. 

 The undersigned Magistrate Judge accepted Defendant’s waiver of indictment 

after inquiry was made of Defendant as to the understanding of the right to prosecution 

by indictment. Defendant’s written waiver constitutes a part of the plea agreement lodged 

with the Court. 

 The hearing on Defendant’s plea of guilty was in full compliance with Rule 11 of 

the Federal Rules of Criminal Procedure, before the undersigned Magistrate Judge in 

open court and on the record. In consideration of that hearing and the statements made by 

Defendant under oath on the record and in the presence of counsel, and the remarks of the 

United States of America, 

 

 Plaintiff, 

vs. 

Abraham Fernando Duarte-Angulo, 

 Defendant. 

 

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No. CR-15-01433-PHX-DJH

FINDINGS AND RECOMMENDATION 

OF THE MAGISTRATE JUDGE UPON A 

PLEA OF GUILTY AND ORDER 

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Assistant United States Attorney and of counsel for Defendant, 

I FIND as follows: 

 (1) that Defendant understands the nature of the charge to which Defendant 

pleads and the elements of the offense(s) to which Defendant is pleading guilty; 

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

guilty, to the assistance of counsel, and appointed counsel if necessary at trial and at 

every other stage of the proceeding, to confront and cross-examine adverse witnesses, the 

right against compelled self-incrimination, to testify and present evidence, and to compel 

the attendance of witnesses; 

 (3) that Defendant understands any maximum possible penalty for the offense to 

which Defendant is pleading guilty, including imprisonment, fine and supervised release, 

and where applicable, any mandatory minimum penalty; that Defendant understands the 

effect of the supervised release term; that Defendant understands the Court’s authority to 

order restitution and its obligation to impose a special assessment and any applicable 

forfeiture; 

 (4) that Defendant understands the Court’s obligation to calculate the applicable 

sentencing guideline range and to consider that range, possible departures under the 

Sentencing Guidelines, and other sentencing factors under 18 U.S.C. § 3553(a); that 

Defendant understands that the sentencing guidelines are advisory, not mandatory, and 

that the Court may sentence outside those guidelines; 

 (5) that Defendant understands that answers given by Defendant may later be used 

in a prosecution for perjury or false statement; 

 (6) that Defendant understands that by pleading guilty Defendant is waiving the 

right to a jury trial; 

 (7) that Defendant understands the terms of any plea agreement provision waiving 

the right to appeal or to collaterally attack the sentence, and has knowingly, intelligently 

and voluntarily waived those rights; 

 (8) that the plea of guilty by Defendant has been knowingly, intelligently, and 

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

plea agreement between the parties; 

 (9) that Defendant is competent to plead guilty; 

 (10) that Defendant is satisfied with the representation provided by defense 

counsel; and 

 (11) that there is a factual basis for Defendant’s plea. 

I RECOMMEND that the Court accept Defendant’s plea of Guilty to the 

Information. 

ORDER 

IT IS ORDERED that any objection to the guilty plea proceedings and any 

request for supplementation of those proceedings be made by the parties in writing and 

shall be specific as to the objection or request made. All objections or requests for 

supplementation shall be filed within fourteen (14) days of the date of service of a copy 

of these findings unless extended by an Order of the assigned judge. 

IT IS FURTHER ORDERED that any letters, documents, or other matters 

Defendant would like the sentencing judge to consider before sentencing (including the 

English translation of any writings not in English) must be submitted by defense counsel 

in paper form with the original to the U. S. Probation Office and copies to the sentencing 

judge and opposing counsel at least five (5) business days prior to the sentencing date or 

they may be deemed untimely by the sentencing judge and not considered. No more than 

ten (10) character letters shall be submitted by defense counsel, unless otherwise ordered 

by the court. Character letters shall not be mailed directly to the sentencing judge by any 

family members or other persons writing in support of the defendant. Character letters or 

a notice of such shall not be filed electronically unless otherwise ordered by the court. 

IT IS FURTHER ORDERED that any motions for upward or downward 

departures or any sentencing memoranda must be filed at least seven (7) business days 

prior to the sentencing date. Responses are due three (3) business days prior to the 

sentencing date. Any motion to continue sentencing must be filed promptly upon 

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discovery of the cause for continuance and must state the cause with specificity. Motions 

to continue sentencing filed less than fourteen (14) days before sentencing are disfavored. 

 Dated this 16th day of November, 2015. 

Honorable Eileen S. Willett

United States Magistrate Judge

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