United States District Court, W.D. Michigan, Southern Division
January 28, 2015
UNITED STATES OF AMERICA, Plaintiff,
JOSE GUADALUPE YANEZ-ROQUE, Defendant
For Jose Guadalupe Yanez-Roque, defendant: Sharon A. Turek, LEAD ATTORNEY, Federal Public Defender (Grand Rapids), Grand Rapids, MI.
For USA, Plaintiff: Justin M. Presant, LEAD ATTORNEY, U.S. Attorney (Grand Rapids), Grand Rapids, MI.
PHILLIP J. GREEN, United States Magistrate Judge. Honorable Janet T. Neff.
REPORT AND RECOMMENDATION
PHILLIP J. GREEN, United States Magistrate Judge
Pursuant to W.D.Mich. L.Cr.R. 11.1, I conducted a plea hearing in the captioned case on January 28, 2015, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Jose Guadalupe Yanez-Roque entered a plea of guilty to the Indictment charging defendant with Reentry of Deported Aliens in violation of 8 U.S.C. Section 1326(a) and 8 U.S.C. Section 1326(b)(1). On the basis of the record made at the hearing, I find that defendant is fully capable and competent to enter an informed plea; that the plea is made knowingly and with full understanding of each of the rights waived by defendant; that it is made voluntarily and free from any force, threats, or promises; that the defendant understands the nature of the charge and penalties provided by law; and that the plea has a sufficient basis in fact.
Accordingly, I recommend that defendant's plea of guilty to the Indictment be accepted, and that the court adjudicate defendant guilty. Acceptance of the plea, adjudication of guilt, and imposition of sentence are specifically reserved for the district judge.