Order as to Carlos Smith: Change of plea hearing held — USA v. Smith (Dkt. 44, N.D. Ill.)

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An order by U.S. District Judge Manish S. Shah in USA v. Carlos Smith, No. 20 CR 922 in the Northern District of Illinois, dated June 22, 2022 and filed as Document 44, recording a change of plea hearing held by video under the CARES Act. Smith pleaded guilty to Counts 1 and 4 of the Indictment under a written plea agreement, and the court accepted the plea as knowing, voluntary and supported by an adequate factual basis and entered a finding of guilt. The case was referred for a presentence report due September 20, 2022, with sentencing set for October 25, 2022, and Smith's pretrial release conditions remain in place.

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UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF ILLINOIS 
EASTERN DIVISION 
 
 
USA, 
Plaintiff, 
v. 
 
CARLOS SMITH, 
Defendant. 
 
No. 20 CR 922 
 
Judge Manish S. Shah 
 
 
 
ORDER 
(00:35) 
Change of plea hearing held.  Defendant consents to proceed via video. This Order memorializes 
the required findings under CARES Act § 15002(b)(2)(A), Pub. L. No. 116-136, 134 Stat. 281. 
By order dated June 14, 2022, the Chief Judge found that felony pleas cannot be conducted in 
person in this district without seriously jeopardizing public health and safety. Under Section 
15002(b)(2)(A), the assigned judge finds that further delay of this hearing would cause serious 
harm to the interests of justice, because continued delays harm the public interest in the speedy 
resolution of criminal cases. The defendant has a strong interest in resolving his involvement in 
the federal criminal justice system without further delay. It is in the interests of justice to resolve 
this prosecution as soon as possible. Therefore, pursuant to Section 15002(b)(2)(A), the hearing 
proceeded by video conferencing. Change of plea hearing held. Defendant informed of his rights 
and the charges against him. Defendant enters a plea of guilty to Counts 1 and 4 of the 
Indictment, pursuant to a written plea agreement. The court finds the defendant competent to 
enter a guilty plea, and defendant’s guilty plea is knowing, voluntary, and supported by an 
adequate factual basis. The court accepts the defendant's guilty plea. Enter Plea Agreement. The 
court enters a finding of guilt as to defendant Carlos Smith. This case is referred to the Probation 
Office for preparation of the presentence report. The government shall submit its version of the 
offense to the Probation Office by July 8, 2022. Defendant must submit his version to the 
Probation Office by July 15, 2022. See Local Criminal Rule 32. l (e). Pursuant to Local Criminal 
Rule 32.1 (f), the court gives notice to the Probation Office and directs it to disclose (with the 
PSR) the Probation Office's sentencing recommendation to counsel for the defendant and the 
government. Presentence report is due September 20, 2022. Sentencing memoranda with 
objections to the presentence report and discussing 18 U.S.C. § 3553(a) factors must be filed (in 
one combined filing per side) by October 11, 2022. Any responses must be filed by October 18, 
2022. Failure to file the memoranda by that deadline risks waiver of any objections to the 
presentence report. Sentencing is set for October 25, 2022, at 10:30 a.m. All pretrial deadlines 
and trial dates are stricken.  Defendant’s conditions of pretrial release remain in place pending 
sentencing. 
 
 
June 22, 2022 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Manish S. Shah 
 
 
 
 
 
 
 
 
U.S. District Judge 
Case: 1:20-cr-00922 Document #: 44 Filed: 06/22/22 Page 1 of 1 PageID #:104

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