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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff, 

v. 

John Albert Campos, Sr., 

Defendant.

No. CR-16-0011-PHX-SRB 

FINDINGS AND RECOMMENDATION 

OF THE MAGISTRATE JUDGE UPON A 

PLEA OF GUILTY AND ORDER 

TO THE HONORABLE SUSAN R. BOLTON, SENIOR U.S. 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 U.S. 

Magistrate Judge David K. Duncan on February 8, 2017 with the written consents of the 

Defendant, counsel for the Defendant, and counsel for the United States of America. 

 The hearing on Defendant’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 the Defendant under 

oath on the record and in the presence of counsel, and the remarks of the Assistant United 

States Attorney and of counsel for Defendant, 

I FIND as follows: 
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 (1) that the Defendant understands the nature of the charge against him to 

which the plea is offered and the elements of the offense(s) to which he is pleading 

guilty;

 (2) that the Defendant understands the right to trial by jury, to persist in a plea 

of not guilty, to the assistance of counsel at trial and at every other stage of the 

proceedings, to confront and cross-examine adverse witnesses, to present evidence, to 

compel the attendance of witnesses, and the right against compelled self-incrimination; 

 (3) that the Defendant understands the maximum possible penalty for the 

offense to which he is pleading guilty, including imprisonment, fine and supervised 

release; that Defendant understands the effect of the supervised release term and any 

forfeiture provision; and that Defendant understands the Court’s authority to order 

restitution and its obligation to impose a special assessment; 

 (4) that the 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); 

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

mandatory, and that the Court may sentence outside those guidelines; 

 (5) that 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 apart from the plea agreement 

between the parties; 

 (6) that the Defendant is competent to plead guilty; 

 (7) that the Defendant understands that his statements under oath may later be 

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

 (8) that the Defendant understands that by pleading guilty he waives the right 

to a jury trial; 

 (9) that the 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; 
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 (10) that the Defendant is satisfied with counsel’s representation; and 

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

I RECOMMEND that the Court accept the Defendant’s plea of guilty. 

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 district 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 in paper form with 

the original to the probation office and copies to the sentencing judge and opposing 

counsel no later than 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 Defendant. Character letters or a 

notice of service of such letters 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 

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 9th day of February, 2017.