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
December 13, 2017, this cause came before the undersigned
United States Magistrate Judge for entry of a guilty plea by
the defendant, Jakorian Jamaal Sanderson, on
Count One of the charging
Indictment filed in this cause.
One of the Indictment charges that from on or about March 1,
2016 and continuing thereafter until on or about August 8,
2017, in the Eastern District of Texas and elsewhere,
Jakorian Jamaal Sanderson, and co-defendants herein, 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 interfere with
commerce by robbery, namely, to unlawfully take and obtain
property consisting of money and other property of value,
from the person or presence of another by means of actual and
threatened force, violence, and fear, in violation of Title
18, United States Code, Section 1951(a) and, in furtherance
of the conspiracy and to effect the objects of the
conspiracy, the defendants committed the following overt
acts, among others, in the Eastern District of Texas and
or about April 19, 2016, a member of the conspiracy did
discharge a firearm and wound an employee of the Shop and Go
store on Louisiana Street in Beaumont, Texas, while another
member of the conspiracy took United States currency from the
presence of the employee by means of force, violence, and
fear namely, by brandishing a firearm at the employee;
or about May 4, 2016, Kionte Tayon Hawkins, did threaten a
witness to the robbery on April 19, 2016, in an attempt to
discourage that witness's cooperation with law
enforcement in the investigation, all in violation of 18,
United States Code, Section 1951.
Jakorian Jamaal Sanderson, 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:
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
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.
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).
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 18 U.S.C. § 1951.
factual support for Defendant's guilty plea, the
Government presented a factual basis. See Factual Basis
and Stipulation. 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
Jakorian Jamaal Sanderson, 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 ...