Report and Recommendation on Plea of Guilty — United States v. Byron Tremaine Hawkins, Sr. (N.D. Tex.)

Summary

A Report and Recommendation on Plea of Guilty Before United States Magistrate Judge, Document 48, filed 05/14/25, Case 5:25-cr-00021-H-BV, United States of America v. Byron Tremaine Hawkins, Sr., Northern District of Texas, Lubbock Division. It states that, pursuant to a written plea agreement with the government, the defendant pled guilty to Count Six of the Indictment, charging a violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C), Distribution and Possession with Intent to Distribute Cocaine Base. The magistrate judge finds that the defendant is competent to enter the plea and that there is a factual basis to support it. The report recommends that the guilty plea be accepted, that the defendant be adjudged guilty, and that sentence be imposed accordingly.

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Case 5:25-cr-00021-H-BV       Document 48        Filed 05/14/25    Page 1 of 2     PageID 92

                        UNITED STATES DISTRICT COURT
                         NORTHERN DISTRICT OF TEXAS
                              LUBBOCK DIVISION

UNITED STATES OF AMERICA                     §
                                             §
Vv.                                          §          CASE NO: 5:25-CR-021-H-BV-1
                                             §
BYRON TREMAINE           HAWKINS, SR.        §

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

       The defendant, by consent and under the authority of United States v. Dees,

 125 F.3d 261 (Sth Cir. 1997), appeared with counsel for the purpose of entering a plea of

guilty under Rule 11 of the Federal Rules of Criminal Procedure.     This Report and

Recommendation is submitted to the Court under 28 U.S.C. § 636(b)(3).

       The defendant was placed under oath and examined in open court concerning the

subjects of Rule 11 of the Federal Rules of Criminal Procedure.     The defendant was

advised regarding each subject and affirmed his/her understanding of each subject.

Pursuant to a written plea agreement with the government, the defendant pled guilty to

Count Six of the Indictment, charging a violation of21 U.S.C. §§ 841(a)(1) and

841(b)(1)(C)—Distribution and Possession with Intent to Distribute Cocaine Base.

       After examining the defendant under oath, I find that:

       1.   The defendant, upon advice of counsel, 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.   The defendant fully understands the nature of the charges, including
            each essential element of the offense(s) charged, and the associated
            penalties;

       3.   The defendant fully understands the terms of the plea agreement and
            plea agreement supplement;
Case 5:25-cr-00021-H-BV        Document 48       Filed 05/14/25     Page 2 of 2        PageID 93


      4,    The defendant understands all his/her constitutional and statutory rights
            and wishes to waive these rights, including the right to a trial by jury
            and the right to appear before a United States district judge;

       5.   The defendant’s plea is made freely and voluntarily;

       6.   The defendant is competent to enter this plea of guilty;

       7.   There is a factual basis to support this plea; and

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

       Based on the above, I recommend that the defendant’s guilty plea be accepted, that

the defendant be adjudged guilty, and that sentence be imposed accordingly.

       Although I have conducted these proceedings and accepted the defendant’s guilty

plea, the United States district judge has the power to review my actions and possesses

final decision-making authority in this proceeding.     Thus, if the 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.

       Signed May 14, 2025.




                                                  AMANDA ‘AMY’ R. BURCH
                                                  UNITED   STATES   MAGISTRATE      JUDGE


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