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Findings of Fact and Recommendation on Guilty Plea Before the United States Magistrate Judge — No. 5:21-cr-00008 (Dkt. 63, E.D. Tex.)

Summary

Findings of fact and recommendation on a guilty plea before a U.S. Magistrate Judge, filed April 28, 2022 as Document 63 in United States v. Clifton Pape, Case No. 5:21-CR-8, in the U.S. District Court for the Eastern District of Texas, Texarkana Division. The plea and allocution on April 28, 2022 were to Count 2 of the Indictment, which charges wire fraud under 18 U.S.C. § 1343. Magistrate Judge Caroline M. Craven finds the plea knowing and voluntary and recommends that the District Court accept the plea agreement and adjudge Pape guilty; both parties waive the fourteen-day objection period. The filing is two pages.

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“Findings of Fact and Recommendation on Guilty Plea Before the United States Magistrate Judge — No. 5:21-cr-00008 (Dkt. 63, E.D. Tex.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/findings-of-fact-and-recommendation-on-guilty-plea-before-the-united-s-78949b42c8/, SHA-256 85aeb7c686cac64fb5c81c99cfc1a85659594fab4ffc009aa77f6815c26316f4.

Full text

Case 5:21-cr-00008-RWS-CMC Document 63 Filed 04/28/22 Page 1 of 2 PageID #: 192



                          IN THE UNITED STATES DISTRICT COURT
                           FOR THE EASTERN DISTRICT OF TEXAS
                                  TEXARKANA DIVISION

 UNITED STATES OF AMERICA                              §
                                                       §
 v.                                                    §                             5:21-CR-8
                                                       §
 CLIFTON PAPE (1)                                      §

             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 the guilty plea and allocution under Rule 11 of the Federal Rules of Criminal

 Procedure.

        On April 28, 2022, this cause came before the undersigned United States Magistrate Judge

 for guilty plea and allocution of the Defendant on Count 2 of the Indictment.       Count 2 of the

 Indictment charges a violation of 18 U.S.C. § 1343, wire fraud. After conducting said proceeding

 in the form and manner prescribed by Fed. R. Crim. P. 11, the Court finds:

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

 voluntarily consented to the administration of the Guilty Plea and Allocution in this cause by a

 United States Magistrate Judge subject to a final approval and imposition of sentence by the

 District Court.

        b.         That the Defendant and the Government have entered into a plea agreement, which

 has been filed and disclosed in open court pursuant to Fed. R. Crim. P. 11(c)(2).

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

 that the Defendant is aware of the nature of the charges and the consequences of 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 offenses.
                                                   1
.   Case 5:21-cr-00008-RWS-CMC Document 63 Filed 04/28/22 Page 2 of 2 PageID #: 193



            d.      Within fourteen (14) days after receipt of the magistrate judge=s report, any party

     may serve and file written objections to the findings and recommendations of the undersigned.

     Both parties waive the objection time period.

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

     and the Guilty Plea of the Defendant, and that CLIFTON PAPE should be finally adjudged guilty

     of the offenses listed above.

     SIGNED this 28th day of April, 2022.




                                                ____________________________________
                                                CAROLINE M. CRAVEN
                                                UNITED STATES MAGISTRATE JUDGE




                                                     2

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