Report and Recommendation on Change of Plea — United States v. Carlos Vazquez

Full text

Case 1:21-cr-20231-DMM Document 44 Entered on FLSD Docket 09/13/2021 Page 1 of 4




                           UNITED STATES DISTRICT COURT
                           SOUTHERN DISTRICT OF FLORIDA

                     Case No. 21-20231-CR-MIDDLEBROOKS/MCALILEY

  UNITED STATES OF AMERICA,

        Plaintiff,

  v.

  CARLOS VAZQUEZ,

        Defendant.
  ______________________________________/

             REPORT AND RECOMMENDATION ON CHANGE OF PLEA

        The Honorable Donald M. Middlebrooks referred this matter to me to conduct a

  change of plea hearing for the Defendant Carlos Vazquez. (ECF No. 40). I held that hearing

  on September 13, 2021, and for the following reasons recommend that the Court accept

  Defendant’s plea of guilty.

        1.     At the outset of the hearing, I told Defendant of his right to have these

  proceedings conducted by Judge Middlebrooks, the presiding District Court Judge. I also

  advised Defendant that Judge Middlebrooks would sentence Defendant, and make all

  findings and rulings concerning Defendant’s sentence.

        2.     Defendant was made aware that he did not have to permit this Magistrate

  Judge to conduct this hearing and could request that the change of plea hearing be

  conducted by Judge Middlebrooks. Defendant, Defendant’s attorney and the Assistant

  United States Attorney all agreed on the record and consented to my conducting the change
                                              1
Case 1:21-cr-20231-DMM Document 44 Entered on FLSD Docket 09/13/2021 Page 2 of 4




  of plea hearing. Defendant also consented to my holding the hearing by video conference.

  And, both parties agreed that they preferred to hold the change of plea now by

  videoconference because it allows for social distancing and, therefore, reduces the

  possibility of their exposure to COVID-19. Pursuant to S.D. Fla. Administrative Order

  2021-51, I find that Defendant’s guilty plea could not be further delayed without serious

  harm to the interests of justice.

         3.     I conducted the plea colloquy with Defendant in accordance with Federal

  Rule of Criminal Procedure 11.

         4.     The parties do not have a plea agreement. Defendant pled guilty to both

  counts of the Indictment, which charges Defendant with wire fraud in violation of Title 18,

  United States Code, Section 1343. (ECF No. 19).

         5.     The parties did agree to a written factual proffer, and had that document with

  them at the hearing. This was later filed with the Court. Defense counsel read the factual

  proffer into the record, and Defendant agreed to its accuracy; he also confirmed that he

  signed it. Government counsel identified all of the essential elements of the offenses to

  which the Defendant plead guilty, including any sentencing enhancements and/or

  aggravating factors that may be applicable. The Court reviewed the factual proffer with the

  Defendant and he confirmed that it accurately summarizes how he committed the crime

  charged. I found that a factual basis exists for Defendant’s plea of guilty. Defendant was

  also advised of the statutory maximum penalties. Defendant acknowledged that he


                                               2
Case 1:21-cr-20231-DMM Document 44 Entered on FLSD Docket 09/13/2021 Page 3 of 4




  understood these possible penalties, including the maximum twenty (20) year period of

  imprisonment for each of Counts 1 and 2 of the Indictment.

         6.     Based upon the foregoing, and the statements and findings at the plea

  colloquy which I incorporate into this Report and Recommendation, I find that Defendant

  was competent and capable of entering an informed plea, and that his guilty plea was

  knowing and voluntary and has factual support. I recommend that the Court adopt these

  findings, and adjudicate Defendant guilty of Counts 1 and 2 of the Indictment.

         7.     The U.S. Probation Office will prepare a pre-sentence investigation report,

  and the Defendant was advised that his sentencing has been scheduled for November 16,

  2021, at 1:15 p.m., before the Honorable Donald M. Middlebrooks, in Miami.

         Accordingly, I RECOMMEND that the Court accept Defendant’s plea of guilty,

  adjudicate Defendant guilty of Counts 1 and 2 of the Indictment, and that a sentencing

  hearing be conducted for final disposition of this matter.

         No later than fourteen days from the date of this Report and Recommendation

  the parties may file any written objections to this Report and Recommendation with the

  Honorable Donald M. Middlebrooks, who is obligated to make a de novo review of only

  those factual findings and legal conclusions that are the subject of objections. Only those

  objected-to factual findings and legal conclusions may be reviewed on appeal. See Thomas

  v. Arn, 474 U.S. 140 (1985), 28 U.S.C. § 636(b)(1); Fed.R.Crim.P. 59(b), 11th Cir. R. 3-1

  (2016).


                                               3
Case 1:21-cr-20231-DMM Document 44 Entered on FLSD Docket 09/13/2021 Page 4 of 4




        RESPECTFULLY RECOMMENDED this 13th day of September, 2021, at

  Miami, Florida.



                                      _________________________________
                                      CHRIS McALILEY
                                      UNITED STATES MAGISTRATE JUDGE



  cc:   The Honorable Donald M. Middlebrooks
        Counsel of record




                                        4


File and source

File

gov.uscourts.flsd.591071.44.0.pdf

Size

155,708 bytes

SHA-256

fced36f71e3bfc49375296e69f0d6c8f4a82485e74f98fe80af0abb65ba21a05

Our copy

gov.uscourts.flsd.591071.44.0.pdf

Original

PACER (login required)