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 13, 2018, this cause came before the undersigned
United States Magistrate Judge for entry of a guilty plea by
the defendant, Shaquille Denzel Angelle, on
Count One of the charging
Indictment filed in this cause.
One, of the Indictment charges that on or about August 12,
2017, in the Eastern District of Texas, Shaquille Denzel
Angelle, defendant, having been convicted of a crime
punishable by imprisonment for a term exceeding one year,
namely: Possession of a Controlled Substance, a felony, in
Case Number 14-20273, in the Criminal District Court of
Jefferson County, Texas, on September 15, 2014, did knowingly
possess in and affecting interstate and foreign commerce, a
firearm, namely: one (1) Taurus, Model PT111 Millennium G2,
9mm Caliber Pistol, bearing serial number THT81803 and one
(1) Masterpiece Arms, Model MPA30T, 9mm Caliber Pistol,
bearing serial number F7430, all in violation of 18 U.S.C.
Shaquille Denzel Angelle, 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 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).
c. 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. §
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.
Shaquille Denzel Angelle, 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.
IS 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. Accordingly, it is further recommended that,
Defendant, Shaquille Denzel Angelle, be
finally adjudged as guilty of the charged offense under
Title 18, United States Code, Section
is ordered to report to the United States Probation
Department for the preparation of a presentence report.
Defendant has the right to allocute before ...