United States District Court, E.D. Texas, Beaumont Division
FINDINGS OF FACT AND RECOMMENDATION ON GUILTY PLEA
BEFORE THE UNITED STATES MAGISTRATE JUDGE
F. GIBLIN, UNITED STATES MAGISTRATE JUDGE
order of the District Court, this matter was referred to the
undersigned United States Magistrate Judge for administration
of a guilty plea and allocution under Rules 11 and 32 of the
Federal Rules of Criminal Procedure. Magistrate judges have
the statutory authority to conduct a felony guilty plea
proceeding as an “additional duty” pursuant to 28
U.S.C. § 636(b)(3). United States v.
Bolivar-Munoz, 313 F.3d 253, 255 (5th Cir.
2002), cert. denied, 123 S.Ct. 1642 (2003). On
February 27, 2017, this cause came before the undersigned
United States Magistrate Judge for entry of a guilty plea by
the defendant, Rolando DeLarosa Jr., on Count One of the
charging Indictment filed in this cause.
One of the Indictment charges that from on or about December
1, 2013, the exact date being unknown to the Grand Jury, and
continuing thereafter until on or about June 30, 2015, in the
Eastern District of Texas and elsewhere, Rolando DeLarosa,
Jr., and co- defendants, did intentionally and knowingly
conspire, combine, confederate and agree together, with each
other, and with other persons known and unknown to the Grand
Jury, to possess with intent to distribute a controlled
substance, to wit: 500 grams or more of a Schedule II
controlled substance, namely, a mixture or substance
containing a detectable amount of methamphetamine and 50
grams or more of a Schedule II controlled substance, namely,
“actual” and “ice” methamphetamine,
in violation of 21 U.S.C. § 846.
Rolando DeLarosa, Jr., entered a plea of guilty to Count One
of the Indictment into the record at the hearing.
conducting the proceeding in the form and manner prescribed
by Federal Rule of Criminal Procedure 11 the Court finds:
a. That Defendant, after consultation with counsel of record,
has knowingly, freely and voluntarily consented to the
administration of the guilty plea in this cause by a United
States Magistrate Judge in the Eastern District of Texas
subject to a final approval and imposition of sentence by the
b. That Defendant and the Government have entered into a plea
agreement and a plea agreement addendum which were addressed
in open court and entered into the record.
c. That Defendant is fully competent and capable of entering
an informed plea, that Defendant is aware of the nature of
the charges and the consequences of the plea, and that the
plea of guilty is a knowing, voluntary and freely made plea.
Upon addressing the Defendant personally in open court, the
Court determines that Defendant's plea is voluntary and
did not result from force, threats or promises. See
Fed. R. Crim. P. 11(b)(2).
d. That Defendant's knowing, voluntary and freely made
plea is supported by an independent factual basis
establishing each of the essential elements of the offense
and Defendant realizes that his conduct falls within the
definition of the crimes charged under 21 U.S.C. § 846.
STATEMENT OF REASONS
factual support for Defendant's guilty plea, the
Government presented a factual basis. See Factual
Basis. In support, the Government and Defendant
stipulated that if this case were to proceed to trial the
Government would prove beyond a reasonable doubt, through the
sworn testimony of witnesses, including expert witnesses, as
well as through admissible exhibits, each and every essential
element of the crime charged in Count One of the Indictment.
The Government would also prove that the defendant is one and
the same person charged in the Indictment and that the events
described in Indictment occurred in the Eastern District of
Texas and elsewhere. The Court incorporates the proffer of
evidence described in detail in the factual basis and
stipulation in support of the guilty plea.
Rolando DeLarosa, Jr., agreed with and stipulated to the
evidence presented in the factual basis. Counsel for
Defendant and the Government attested to Defendant's
competency and capability to enter an informed plea of
guilty. The Defendant agreed with the evidence presented by
the Government and personally testified that he was entering
his guilty plea knowingly, freely and voluntarily.
THEREFORE the recommendation of the undersigned United States
Magistrate Judge that the District Court accept the guilty
plea of Defendant which the undersigned determines to be
supported by an independent factual basis establishing each
of the essential elements of the offense charged in Count One
of the charging Indictment on file in this criminal
proceeding. The Court also recommends that the District Court
accept the plea agreement and plea agreement addendum
pursuant to the Local Rules for the United States District
Court for the Eastern District of Texas and Federal Rule of
Criminal Procedure 11(c). Accordingly, ...