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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff, 

v. 

Dana Louis Mattingly, 

Defendant. 

No. CR-16-00102-001-TUC-JAS (DTF) 

MAGISTRATE JUDGE'S FINDINGS 

AND RECOMMENDATION UPON A 

PLEA OF GUILTY

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

Federal Rules of Criminal Procedure, this matter was referred to the Magistrate Judge by 

the District Court, with the written consents of the Defendant, counsel for the Defendant, 

and counsel for the United States. 

 Thereafter, the matter came on for a hearing on Defendant's plea of guilty to One 

Count Indictment which charges Title 18, U.S.C. §1111 and 7(3) First Degree Murder 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 allocution made by the Defendant under 

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

States Attorney, 

(A) I FIND as follows: 

(1) that Defendant is competent to plead; 

(2) that Defendant understands his/her right to trial; 

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(3) that Defendant understands what the minimum mandatory and maximum 

possible sentence is, including the effect of the supervised release term, and 

defendant understands that the sentencing guidelines apply and that the 

court may depart from those guidelines under some circumstances; 

(4) 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; 

(5) that Defendant understands the nature of the charge against him/her; 

(6) that Defendant understands that his/her answers may later be used against 

him/her in a prosecution for perjury or false statement; and 

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

and further, 

(B) I RECOMMEND that the District Court accept the Defendant's plea of guilty to 

One Count Indictment which charges Title 18, U.S.C. §1111 and 7(3) First Degree 

Murder. 

(C) The parties have fourteen (14) days from the date of service of this Report and 

Recommendation to file written objections with the District Court. 

IT IS FURTHER ORDERED: 

(D) Presentence Report to be prepared. 

(1) Any objection(s) to the presentence report shall be filed no later than 14 

days after receiving the presentence report pursuant to Fed.R. Crim.P. 32 

(f) (1); 

(2) any response to the objection(s) to the presentence report shall be filed no 

later than 11 days after receiving the objection(s); 

(3) any sentencing memorandum shall be filed no later than 5 business days 

prior to sentencing; 

(4) Any party seeking to continue a sentencing date shall file a Motion to 

Continue no later than two (2) business days prior to the date of the 

hearing. Additionally, counsel shall telephonically notify chambers when 

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sentencing is within two (2) business days; 

(5) failure to comply with this Order may result in the imposition of sanctions. 

 Dated this 27th day of February, 2019. 

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