Report and Recommendation on Change of Plea — United States v. Alfredo Hudson (S.D. Fla.)

Summary

A Report and Recommendation on Change of Plea entered on the docket 03/28/2023 as Document 13 in United States of America v. Alfredo Hudson, Case No. 23-CR-20060-ALTMAN/REID, U.S. District Court, Southern District of Florida, following a Change of Plea Hearing on March 28, 2023. The report recommends that the change of plea be accepted. It states that the defendant waived indictment and pleaded guilty to a one-count felony Information charging wire fraud in violation of 18 U.S.C. § 1343, with a statutory maximum of up to twenty (20) years of imprisonment, a fine of up to $250,000.00 and a special assessment of $100. It states that the defendant agrees to make restitution of $7,638.00 to the State of Arizona, reflecting unemployment benefits received, and that sentencing is set for May 24, 2023.

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“Report and Recommendation on Change of Plea — United States v. Alfredo Hudson (S.D. Fla.).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-23-cr-20060-dkt-13-s-d-fla-1dba5ffd51/, SHA-256 674bad41e84ccf08de92aaf3e79711c1257690cd7944f4c1986a6437721fa965.

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Case 1:23-cr-20060-RKA Document 13 Entered on FLSD Docket 03/28/2023 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO. 23-CR-20060-ALTMAN/REID

UNITED STATES OF AMERICA,

ALFREDO HUDSON,

Defendant.
/

REPORT AND RECOMMENDATION ON CHANGE OF PLEA

This matter is before the Court upon the Honorable Roy K. Altman’s Order of Referral

[ECF No. 11], to conduct a Change of Plea Hearing for Defendant Alfredo Hudson in this case.

The Court having conducted the Change of Plea Hearing on March 28, 2023, to determine whether

Defendant has knowingly and voluntarily entered a guilty plea, RECOMMENDS that

Defendant’s change of plea be accepted for the following reasons:

1. The Court convened a hearing to permit Defendant to enter a change of plea. At the

outset of the hearing, Defendant was advised of his right to have these proceedings conducted by

the district judge assigned to his case. Additionally, it was explained that the district judge assigned

to this case would be the sentencing judge and conduct the sentencing hearing, and would make

all findings and rulings concerning Defendant’s sentence, and decide whether to accept the

Government’s recommendations as to sentencing.

2. Defendant was informed that he did not have to permit a federal magistrate judge

to conduct the Change of Plea Hearing and could request that the Change of Plea Hearing be

conducted by the district judge assigned to the case. Defendant, his attorney, and the Government

all consented on the record to the Undersigned conducting the hearing.

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Case 1:23-cr-20060-RKA Document 13 Entered on FLSD Docket 03/28/2023 Page 2 of 4

3. Further, the Undersigned inquired into whether Defendant had ever been treated for

mental health or addiction issues, and whether he was under the influence of any prescribed or

proscribed substances at the time of the Hearing. He denied any mental health or addiction issues

and stated he was able to fully understand the proceedings. Based on Defendant’s responses to

these inquires, the Court determined Defendant was competent and able to fully understand the

proceedings.

4. The Court conducted a plea colloquy in accordance with Fed. R. Crim. P. 11.

5. The parties entered into a written plea agreement in this case. The Undersigned

reviewed the plea agreement on the record and the Defendant acknowledged on the record that he

had signed and understood it. Defendant waived indictment pursuant to Federal Rule of Criminal

Procedure 7(b) [ECF No. 7] and pleaded guilty to a one-count felony Information charging him

with wire fraud in violation of 18 U.S.C. § 1343.

6. The Court ensured that Defendant understood the terms of the plea agreement and

that the plea agreement represented, in its entirety, the understanding Defendant has with the

Government.

7. The Government stated on the record a factual basis for the entry of the plea that

included all essential elements of the offense to which Defendant is pleading guilty and any

sentencing enhancement and/or aggravating factors that may be applicable. Specifically, the Court

reviewed with Defendant the Government’s factual proffer, to assure that a factual basis for the

entry of the plea exists. Defendant assented to the accuracy of the proffer and acknowledged his

participation in the offense.

8. Further, the Court reviewed with Defendant the possible minimum and maximum

penalties for the charged offense. Defendant acknowledged that he understood these possible

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Case 1:23-cr-20060-RKA Document 13 Entered on FLSD Docket 03/28/2023 Page 3 of 4

penalties. Defendant was further advised that the Court may impose a statutory maximum term of

imprisonment of up to twenty (20) years, followed by a term of supervised release of up to five (5)

years. The Court also advised Defendant that in addition to a term of imprisonment and supervised

released, the Court may impose a fine of up to $250,000.00 and may order restitution, forfeiture,

and will impose a special assessment in the amount of $100. Additionally, as part of the plea

agreement, and in addition to the mandatory restitution due to the victims of the offense of

conviction under 18 U.S.C. § 3663A, Defendant agrees that he will make restitution in the amount

of $7,638.00 to the State of Arizona which reflects the unemployment benefits received by

Defendant to which he was not entitled. Defendant also agrees he will forfeit to the United States

all right, title and interest to any property, real or personal, which constitutes proceeds traceable to

the offense of conviction pursuant to 18 U.S.C. § 981(a)(1)(C), as made applicable by 28 U.S.C.

§ 2461(c).

9. Defendant acknowledged that he had reviewed the Information, discussed the

charge against him with his attorney, and was satisfied with the legal representation he received,

and had a full opportunity to discuss the facts of the case with his attorney.

10. Based upon the foregoing and the plea colloquy conducted by the Court, it is

recommended that Defendant be found to have freely and voluntarily pleaded guilty as to Count

One (1) of the Information and that Defendant be adjudicated guilty of the offense charged.

11. A pre-sentence investigation report is being prepared. Sentencing is set for May 24,

2023, at 2:00 p.m. before District Judge Roy K. Altman.

CONCLUSION

For the foregoing reasons, it is RECOMMENDED that Defendant’s guilty plea be

accepted, Defendant be adjudicated guilty as to Count One (1) of the Information to which he has

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Case 1:23-cr-20060-RKA Document 13 Entered on FLSD Docket 03/28/2023 Page 4 of 4

entered a plea of guilty, and that a sentencing hearing be conducted for final disposition of this

matter.

Objections to this Report may be filed with the district judge within fourteen (14) days of

receipt of a copy of the Report. Failure to timely file objections waives a party’s right to review

issues related to the Defendants’ plea under Fed. R. Crim. P. 11 before the District Judge or the

Court of Appeals. See Fed. R. Crim. P. 59(b)(1), (2); 11th Cir. R. 3-1; Harrigan v. Metro-Dade

Police Dep’t Station #4, 977 F.3d 1185, 1191-92 (11th Cir. 2020); 28 U.S.C. § 636(b)(1)(C).

SIGNED this 28th day of March, 2023.

LISETTE M. REID
UNITED STATES MAGISTRATE JUDGE

cc: United States District Judge Roy K. Altman;

All Counsel of Record

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