Findings of Fact and Recommendation on Guilty Plea Before the Magistrate Judge (E.D. Tex., Dkt. 21)

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Findings of Fact and Recommendation on Guilty Plea Before the United States Magistrate Judge, filed December 17, 2024 as Document 21 in United States v. Mark Mazzare, Case Number 6:24-CR-00125-JCB, in the Eastern District of Texas, Tyler Division. It states that on December 16, 2024 a plea of guilty came before the Magistrate Judge to an Information charging Count One, "Conspiracy to Defraud the United States and to Purchase, Sell, and Distribute Medicare Beneficiary Identification Numbers." The Magistrate Judge finds the plea knowing and voluntary, supported by an independent basis in fact, and recommends that the District Court accept the plea agreement and the guilty plea and adjudge Mazzare guilty. It states that the defendant waived the right to object and names District Judge J. Campbell Barker.

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Case 6:24-cr-00125-JCB-JDL          Document 21       Filed 12/17/24      Page 1 of 2 PageID #:
                                            73



                       IN THE UNITED STATES DISTRICT COURT
                            EASTERN DISTRICT OF TEXAS
                                  TYLER DIVISION

 UNITED STATES OF AMERICA,                        §
                                                  §
                                                  § CASE NUMBER 6:24-CR-00125-JCB
 v.                                               §
                                                  §
                                                  §
 MARK MAZZARE,                                    §
                                                  §

            FINDINGS OF FACT AND RECOMMENDATION ON GUILTY PLEA
                 BEFORE THE UNITED STATES MAGISTRATE JUDGE

       Pursuant to 28 U.S.C. ' 636(b), this matter has been referred by the District Court for

administration of a plea of guilty under Rule 11 of the Federal Rules of Criminal Procedure.

       On December 16, 2024, this cause came before the undersigned United States Magistrate

Judge for a plea of guilty to an Information charging the Defendant in Count One with a violation

of Title 18 U.S.C. § 371 - Conspiracy to Defraud the United States and to Purchase, Sell, and

Distribute Medicare Beneficiary Identification Numbers. After conducting said proceeding in the

form and manner prescribed by Federal Criminal Procedure Rule 11, the undersigned finds that:

       a.      the Defendant, after consultation with counsel of record, has knowingly and

voluntarily consented to the administration of the Guilty Plea in this cause by a United States

Magistrate Judge, subject to a final acceptance and imposition of sentence by the District Judge;

       b.      the Defendant and the government have entered into a plea agreement which has

been filed and disclosed in open court pursuant to Federal Rule of Criminal Procedure Rule

11(c)(2);

       c.      the Defendant is fully competent and capable of entering an informed plea, that the

Defendant is aware of the nature of the charges, the maximum penalties, and the consequences of
Case 6:24-cr-00125-JCB-JDL          Document 21        Filed 12/17/24         Page 2 of 2 PageID #:
                                            74



the plea, and that the plea of guilty is a knowing and voluntary plea supported by an independent

basis in fact containing each of the essential elements of the offense; and

        d.      the Defendant understands each of the constitutional and statutory rights

enumerated in Rule 11(b)and wishes to waive these rights, including the right to a trial by jury.

        IT IS THEREFORE RECOMMENDED that the District Court accept the Plea Agreement

and the Guilty Plea of the Defendant and that MARK MAZZARE should be finally adjudged

guilty of that offense.

        Defendant has waived his right to object to the findings of the Magistrate Judge in this

matter so the Court will present this Report and Recommendation to District Judge J. Campbell

Barker for adoption immediately upon issuance.




      So ORDERED and SIGNED this 17th day of December, 2024.


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