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United States v. Johnson

United States District Court, E.D. Texas

May 23, 2018

UNITED STATES OF AMERICA,
v.
DEVANTE LEE JOHNSON (4),

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

          JOHN D. LOVE, 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 May 22, 2018 this cause came before the undersigned United States Magistrate Judge for entry of a guilty plea by the defendant, DEVANTE LEE JOHNSON (4), on Counts Ten and Eleven of the charging Indictment filed in this cause.

         Count Ten of the Indictment charges that, on or about April 21, 2017, in Cherokee County, Texas, in the Eastern District of Texas, DEVANTE LEE JOHNSON (4), defendant, aided and abetted by one another, knowingly and intentionally possessed with intent to distribute and did distribute 5 grams or more of methamphetamine (actual), a Schedule II controlled substance, all in violation of 21 U.S.C. § 841(a)(1).

         Count Eleven of the Indictment charges that on or about April 21, 2017, in Cherokee County, Texas, in the Eastern District of Texas, defendant DEVANTE LEE JOHNSON (4), aided and abetted by one another, knowingly and intentionally possessed with intent to distribute and did distribute methamphetamine, a Schedule II controlled substance, on a premises in which an individual who is under the age of 18 years of age was present, in violation of 21 U.S.C. § 841(a)(1), all in violation of 21 U.S.C. § 860a and 18 U.S.C. § 2.

         Defendant, DEVANTE LEE JOHNSON (4), entered a plea of guilty to Counts Ten and Eleven 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 this conduct falls within the definition of the crimes charged under 21 U.S.C. § 841(a)(1), 21 U.S.C. § 860a and 18 U.S.C. § 2.

         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 Counts Ten and Eleven 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, DEVANTE LEE JOHNSON (4), 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.

         RECOMMENDED ...


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