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. Sanderson

United States District Court, E.D. Texas, Beaumont Division

January 11, 2018

UNITED STATES OF AMERICA
v.
JAKORIAN JAMAAL SANDERSON

          FINDINGS OF FACT AND RECOMMENDATION ON GUILTY PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE

          KEITH F. GIBLIN, UNITED STATES MAGISTRATE JUDGE.

         By 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.

         Count 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 elsewhere:

         a. On 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;

         b. On 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.

         Defendant, Jakorian Jamaal Sanderson, entered a plea of guilty to Count One of the Indictment into the record at the hearing.

         After 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 District Court.

         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 18 U.S.C. § 1951.

         STATEMENT OF REASONS

         As 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 guilty plea.

         Defendant, 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 ...


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.