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

Summary

A Report and Recommendation on Plea of Guilty Before United States Magistrate Judge, Document 50, filed 05/19/25, Case 5:25-cr-00021-H-BV, United States of America v. Byron Tremaine Hawkins, Jr., Lubbock Division, District of Texas. It states that, pursuant to a written plea agreement with the government, the defendant pled guilty to Count Two of the Indictment, charging Distribution and Possession with Intent to Distribute Cocaine Base. The magistrate judge finds that the defendant consented to the plea, is competent, and entered it freely and voluntarily, and that there is a factual basis. The report recommends that the guilty plea be accepted and that the defendant be adjudged guilty. Signed May 19, 2025.

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“Report and Recommendation on Plea of Guilty — United States v. Byron Tremaine Hawkins, Jr. (N.D. Tex.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-5-25-cr-00021-dkt-50-n-d-tex-6ca138385f/, SHA-256 ef0e37fcf6b6c4c78c0574b0e0d32e0aa201c211b6e0f5c36bede2d619c2260a.

Full text

Case 5:25-cr-00021-H-BV        Document 50         Filed 05/19/25   Page 1 of 2     PageID 95

                         UNITED STATES DISTRICT COURT
                          NORTHER}I DISTRICT OF TEXAS
                               LUBBOCK DIVISION       i
UNITED STATES OF AMERICA                       $
                                               s
v                                              s          CASE NO: 5:25-CR-021-H-BY -2
                                               s
BYRON TREMAINE HAWKINS, JR.                    s

            REPORT AND RECOMMENDATION ON PLEA OF GUILTY
               BBFORE UNITED STAT ES MAGISTRA TE JUDGE

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

125 F .3d 261 (5th Cir. 1 997), 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(bX3).

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

subjects of Rule l1 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 defondant pled guilty to

Count Two of the Indictment, charging a violation of 2l U .S.C. $ $ 84 1 (aX 1) and

841(bXlXc)-Distribution and Possession with Intent to Distribute Cocaine Base.

       After examining the defendant under oath, I find that:

       I   . 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 50       Filed 05/19/25     Page 2 of 2        PageID 96



      4. The defendant understands all his/her constitutional and statutory rights
            and wishes to waive these rights, including the right to a trial by juty
            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 ofjustice 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 19,2025.




                                                  AMANI) OAMY'R. BURCH
                                                  UNtrro Srarns MacISTRATE Juocn

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