Report and Recommendation on Plea of Guilty — No. 6:21-cr-00017 (Dkt. 23, N.D. Tex.)

Summary

U.S. Magistrate Judge John R. Parker recommended on May 26, 2021 that Colby Dalton Hawkins's guilty plea be accepted in United States v. Hawkins (N.D. Tex., San Angelo Division, No. 6:21-CR-00017-H-BU). Hawkins, appearing with counsel and by consent, pleaded guilty under a plea bargain agreement to Count One of a one-count Indictment charging a violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2), convicted felon in possession of firearms and ammunition. The report finds that the plea was made freely and voluntarily, that Hawkins was competent and understood the charges, penalties and plea agreement, and that there is a factual basis for the plea. It recommends that Hawkins be adjudged guilty and sentenced accordingly, subject to final approval by the district judge, and allows fourteen (14) days for objections.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

Text recognized from a scanned document; may contain errors.

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
SAN ANGELO DIVISION

UNITED STATES OF AMERICA §

V. § CASE NO. 6:21-CR-00017-H-BU

COLBY DALTON HAWKINS (1) §

REPORT AND RECOMMENDATION ON PLEA OF GUILTY
BEFORE UNITED STATES MAGISTRATE JUDGE

Defendant, COLBY DALTON HAWKINS (1), by consent and under the authority of
United States v. Dees, 125 F.3d 261 (Sth Cir. 1997), appeared with counsel before the undersigned
United States magistrate judge for the purpose of entering a plea of guilty under Rule 11 of the
Federal Rules of Criminal Procedure.

Defendant was placed under oath and personally examined in open court by the
undersigned concerning the subjects in Rule 11(b)(1) and the undersigned determined that
Defendant understood each subject.

Defendant pleaded guilty, under a plea bargain agreement with the government, to Count
One of the one-count Indictment charging Defendant with a violation of 18 U.S.C. §§ 922(g)(1),
924(a)(2)- Convicted Felon in Possession of Firearms and Ammunition. After examining
Defendant under oath, the undersigned magistrate judge finds the following:

1. Defendant, upon advice of counsel, has consented orally and in writing to enter this

guilty plea before a magistrate judge subject to final approval and sentencing by the

presiding district judge:

2. Defendant fully understands the nature of the charges, including each essential
element of the offense(s) charged, and the associated penalties;

3. Defendant fully understands the terms of the plea agreement and plea agreement
supplement;

4. Defendant understands all constitutional and statutory rights and wishes to waive those

rights, including the right to a trial by jury and the right to appear before a United States

district judge:

5. Defendant’s plea is made freely and voluntarily;

6. Defendant is competent to enter this plea of guilty;

7. There is a factual basis for Defendant’s plea of guilty; and

8. The ends of justice are served by acceptance of Defendant’s plea of guilty.

Based on the above, | recommend that Defendant’s plea of guilty be accepted, that
Defendant be adjudged guilty, and that sentence be imposed accordingly.

Although I have conducted these proceedings and accepted Defendant’s plea of guilty, the
United States district judge has the power to review my actions and possesses final decision-
making authority in this proceeding. Thus, if Defendant has any objections to these findings or
any other action of the undersigned, he is required to make those known to the United States district
judge within fourteen (14) days of today.

The Clerk will furnish a copy of this Order to each of attorney of record.

LOL

JOHN R. PARKER
UNITED STATES MAGISTRATE JUDGE

Signed on: May 26, 2021.

File and source

File

gov.uscourts.txnd.346877.23.0.pdf

Size

1,334,748 bytes

SHA-256

eb74070bca2bd28bb1b770cec3615797300c8cb8a3aa075a14b155c7282fb36a

Our copy

gov.uscourts.txnd.346877.23.0.pdf

Original

archive.org