Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Williams

United States District Court, E.D. Virginia, Richmond Division

June 24, 2016

UNITED STATES OF AMERICA,
v.
CAPRI M. WILLIAMS, Defendant.

          Capri M. Williams, Defendant, represented by Nia Ayanna Vidal, Office of the Federal Public Defender.

          USA, Plaintiff, represented by Heather Lauren Hart, United States Attorney's Office.

          REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

          RODERICK C. YOUNG, Magistrate Judge.

         Thismatter is before the Court pursuant to Title28 U.S.C. § 636(b)(1)(B) and (b)(3) upon the Defendant's request to enter a plea of guiltypursuant to Fed. R. Crim. P. 11 anda 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 proceedbeforea United States Magistrate Judge, said consentincludingthe Defendant's understanding that heconsented not onlyto having the Magistrate Judge conduct the hearing, but also to having the Magistrate Judgemakenecessary findings and acceptany guilty pleaas may be entered that could not be withdrawn except for a fair andjust reason.

         The Courtaccepted the Defendant's waiverof his right to proceedby indictment after specific inquiry was made of the Defendant as to his understanding of the right to require prosecution by indictment. The Defendant pled guiltyto Counts ONE (1) and TWO (2) of the Criminal Information in open court and pursuant to a Rule 11 inquiry. Upon consideration of the responses and statements made by the Defendant underoath, on the record, and based upon the written pleaagreement 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 penaltiesare upon conviction of the offense charged, including any mandatory minimum periods of 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 ovm and possess a firearm), the possibility of adverse immigrationconsequences (if applicable), the required impositionof a special assessment, forfeiture of real and/or personal property (if applicable), and restitution (if applicable);
4. That the sentencing court hasjurisdiction and authority to impose any sentence within the statutory maximums provided; will determine the defendant's actual sentence in accordance with 18U.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. Thatthe Defendant understands his rightto persist in a plea of not guilty and require thatthe matter proceed to trial with all the rights andprivileges 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 topresent relevant evidence; therightto remain silent; and, the rightto 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;
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 resuh 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.