1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff,

v. 

Jorge Antonio Ceniceros-Roman,

Defendant.

No. CR-15-01211-08-PHX-SPL

FINDINGS AND RECOMMENDATION OF 

THE MAGISTRATE JUDGE UPON A PLEA 

OF GUILTY

TO THE HONORABLE STEVEN P. LOGAN, 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 Michelle H. Burns on September 22, 2021, with the oral consents of 

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

consultation with counsel Defendant has orally consented on the record to proceed via 

video conference and Defendant indicated his counsel is authorized to sign the plea

agreement on his behalf after reviewing it in its entirety with counsel.

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:

(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;

Case 2:15-cr-01211-SPL Document 177 Filed 09/22/21 Page 1 of 3
- 2 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

(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, to testify 

and present evidence, to compel the attendance of witnesses and the right against 

compelled self-incrimination;

(3) that Defendant understands the 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); 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 Defendant has been knowingly, intelligently, 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 Defendant is competent to plead guilty;

(7) that Defendant understands that statements under oath may later be used in a 

prosecution for perjury or false statements;

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

right to a jury trial;

(9) 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; 

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

Case 2:15-cr-01211-SPL Document 177 Filed 09/22/21 Page 2 of 3
- 3 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

(11) that there is a factual basis for Defendant's plea;

I RECOMMEND that the plea of Guilty be accepted. 

O R D E R

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 no more than ten (10) character letters shall be 

submitted by defense counsel in criminal cases, unless otherwise ordered by the court. 

IT IS FURTHER ORDERED that original character letters 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 

hearing. 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 departure, downward 

departure and 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. If either 

party intends to call a speaker at sentencing, other than the Defendant, counsel must notify 

the Courtroom Deputy at least three (3) business days in advance. 

Dated this 22nd day of September, 2021.

Case 2:15-cr-01211-SPL Document 177 Filed 09/22/21 Page 3 of 3