Report and Recommendation of the Magistrate Judge, Plea of Guilty — United States v. Marvin Green (Dkt. 39)

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A Report and Recommendation of the Magistrate Judge in United States of America v. Marvin Lewis Green, Jr., Criminal Case No. 3:22-CR-00039 (JAG), Document 39, filed 08/04/22, in the Eastern District of Virginia, Richmond Division. It states that the Defendant, with a written plea agreement, pled guilty to Count ONE (1) of the Indictment in open court under a Rule 11 inquiry, and lists numbered findings, including that the plea was knowingly and voluntarily made and has an independent basis in fact. The Court accepted the plea and recommends that its findings be adopted and the judgment of guilt be entered. The report is dated August 4, 2022 over the name of Magistrate Judge Mark R. Colombell and allows fourteen (14) days to file written objection.

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Case 3:22-cr-00039-JAG Document 39 Filed 08/04/22 Page 1 of 3 PagelD# 207

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION

UNITED STATES OF AMERICA,
v. CRIMINAL CASE NO. 3:22-CR-00039 (JAG)

MARVIN LEWIS GREEN, JR.,

REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

This matter is before the Court pursuant to Title 28 U.S.C. § 636(b)(1)(B) and (b)(3) upon
the Defendant’s request to enter a plea of guilty pursuant to Fed. R. Crim. P. 11 and a written plea
agreement that has been entered into by the United States and the Defendant. The matter was
presented to the Court upon the written consent of the Defendant and counsel for the Defendant to
proceed before a United States Magistrate Judge, said consent including the Defendant’s
understanding that he consented not only to having the Magistrate Judge conduct the hearing, but
also to having the Magistrate Judge make necessary findings and accept any guilty plea as may be
entered that could not be withdrawn except for a fair and just reason.

The Defendant pled guilty to Count ONE (1) of the Indictment in open court and pursuant to a
Rule 11 inquiry. Upon consideration of the responses and statements made by the Defendant
under oath, on the record, and based upon the written plea agreement and statement of facts
presented, the Court makes the following findings:

1. That the Defendant is competent to enter a plea of guilty;

2. That the Defendant understands the nature of the charge against him to which his
plea is offered;

3. That the Defendant understands what the maximum possible penalties are upon

conviction of the offense charged, including any mandatory minimum periods of
Case 3:22-cr-00039-JAG Document 39 Filed 08/04/22 Page 2 of 3 PagelD# 208

confinement, the effect of any required term of supervised release, the loss of
various civil rights (if applicable, including the right to vote, the right to hold public
office, the right to own and possess a firearm), the possibility of adverse
immigration consequences (if applicable), the required imposition of a special
assessment, forfeiture of real and/or personal property (if applicable), and
restitution (if applicable);

4, That the sentencing court has jurisdiction and authority to impose any sentence
within the statutory maximums provided; can reject the parties’ stipulations as to
drug quantity and/or any sentencing factors; will determine the defendant’s actual
sentence in accordance with 18 U.S.C. § 3553(a); and, after considering the factors
set forth in 18 U.S.C. § 3553(a), may impose a sentence above or below the
advisory sentencing range, subject only to review by higher courts for
reasonableness;

5. That the Defendant understands his right to persist in a plea of not guilty and
require that the matter proceed to trial with all the rights and privileges attending a
trial, including, but not limited to: the right to effective assistance of counsel; the
right to use the power and processes of the Court to compel evidence on the
Defendant’s behalf; the right to confront and cross-examine adverse witnesses; the
right to present relevant evidence; the right to remain silent; and, the right to trial by
jury;

6. That the Defendant understands that he is waiving any right to appeal whatever
sentence is imposed by pleading guilty, even if the sentence is erroneous, as long as

said sentence does not exceed the total statutory penalties provided;
Case 3:22-cr-00039-JAG Document 39 Filed 08/04/22 Page 3 of 3 PagelD# 209

7. That the Defendant understands all provisions of the written plea agreement which
was reviewed in essential part with the Defendant during the proceeding;

8. That the plea of guilty entered by the Defendant was knowingly and voluntarily
entered and is not the result of force or intimidation of any kind; nor is it the result
of any promises other than the representations set forth in the plea agreement; and

9. That the plea of guilty entered by the Defendant was knowingly and voluntarily
made with full knowledge of the consequences and with an independent basis in
fact to support said plea.

Accordingly, the Court accepted the Defendant’s plea of guilty to Count ONE (1) of the

Indictment. It is therefore the recommendation of the Court that its findings, including the
acceptance of the Defendant’s plea of guilty, be adopted and the resulting judgment of guilt on the

subject charge be entered.

is) WAL gon

Mark R. Colombell
United States Magistrate Judge

Richmond, Virginia
Date: August 4, 2022

NOTICE

The Defendant is advised that he/she may file specific written objection to this report
and recommendation with the Court within fourteen (14) days of this date. If objection is
noted, the party objecting must promptly arrange for the transcription of the relevant
record and file it forthwith with the Court for its use in any review. Failure to object in
accordance with this notice, including the requirement for preparation of a transcription of
the relevant portions of the record, will constitute a waiver of any right to de novo review of
the matter and may result in adoption of the recommendation, including the finding of guilt
as entered by the magistrate judge.


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