United States District Court, E.D. Texas, Beaumont Division
FINDINGS OF FACT AND RECOMMENDATION ON GUILTY PLEA
BEFORE THE UNITED STATES MAGISTRATE JUDGE
ZACK
HAWTHORN UNITED STATES MAGISTRATE JUDGE
By
order of the District Court, this matter is referred to the
undersigned United States Magistrate Judge for administration
of the guilty plea under Rule 11. 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).
On July
12, 2019, this case came before the undersigned magistrate
judge for entry of a guilty plea by the Defendant, Johnathan
Charles Benion, to Count One of the Fourth Superseding
Indictment. Count One alleges that from on or in August 2017,
the exact date being unknown to the Grand Jury, and
continuing thereafter until on or in December 2017, the exact
date being unknown to the Grand Jury, in the Eastern District
of Texas and elsewhere, Johnathan Charles Benion and his
codefendants, aiding and abetting each other and others known
and unknown, knowingly and intentionally conspired and agreed
with co-defendants, and with persons known and unknown to the
Grand Jury, to distribute and to possess with the intent to
distribute a mixture or substance containing a detectable
amount of a Schedule II controlled substance, namely: cocaine
HCL and/or cocaine base, all in violation of 21 U.S.C. §
846 - Conspiracy to Possess with Intent to Distribute Cocaine
HCL and/or Cocaine Base.
The
Defendant entered a plea of guilty to Count One of the Fourth
Superseding 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 undersigned
finds:
a. That
the Defendant, after consultation with his attorney, has
knowingly, freely and voluntarily consented to the
administration of the guilty plea in this case 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
the Defendant and the Government have entered into a plea
agreement which was disclosed and addressed in open court,
entered into the record, and placed under seal. The Defendant
verified that he understood the terms of the plea agreement,
and he acknowledged that it was his signature on the plea
agreement. To the extent the plea agreement contains
recommendations and requests pursuant to Fed. R. Crim. P. 11
(c)(1)(B), the court advised the Defendant that he has no
right to withdraw the plea if the court does not follow the
particular recommendations or requests. To the extent that
any or all of the terms of the plea agreement are pursuant to
Rule 11(c)(1)(A) or (C), the undersigned advised the
Defendant that he will have the opportunity to withdraw his
plea of guilty should the court not follow those particular
terms of the plea agreement.[1]
c. That
the Defendant is fully competent and capable of entering an
informed plea, that the Defendant is aware of the nature of
the charges and the consequences of the plea, and that the
plea of guilty is made freely, knowingly, and voluntarily.
Upon addressing the Defendant personally in open court, the
undersigned determines that the Defendant's plea is
knowing and voluntary and did not result from force, threats
or promises (other than the promises set forth in the plea
agreement). See Fed. R. Crim. P. 11(b)(2).
d. That
the Defendant's knowing and voluntary plea is supported
by an independent factual basis establishing each of the
essential elements of the offense and the Defendant realizes
that his conduct falls within the definition of the crime
charged under 21 U.S.C. § 846 - Conspiracy to Possess
with Intent to Distribute Cocaine HCL and/or Cocaine Base.
STATEMENT
OF REASONS
As
factual support for the Defendant's guilty plea, the
Government presented a factual basis. See Factual
Basis and Stipulation. In support, the Government would prove
that the Defendant is the same person charged in the Fourth
Superseding Indictment, and that the events described in the
Fourth Superseding Indictment occurred in the Eastern
District of Texas. The Government would also have proven,
beyond a reasonable doubt, each and every essential element
of the offense as alleged in Count One of the Fourth
Superseding Indictment through the testimony of witnesses,
including expert witnesses, and admissible exhibits. In
support of the Defendant's plea, the undersigned
incorporates the proffer of evidence described in detail in
the factual basis and stipulation filed in support of the
plea agreement, and the Defendant's admissions made in
open court in response to the undersigned's further
inquiry into the factual basis and stipulation.
The
Defendant agreed with and stipulated to the evidence
presented in the factual basis. Counsel for the Defendant and
the Government attested to the 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 the guilty plea
knowingly, freely and voluntarily.
RECOMMENDED
DISPOSITION
IT
IS THEREFORE the recommendation of the undersigned
United States Magistrate Judge that the District Court accept
the Guilty Plea of the 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 Fourth Superseding Indictment.
Accordingly, it is further recommended that the District
Court finally adjudge the Defendant, Johnathan Charles
Benion, guilty of the charged offense under 21 U.S.C. §
846 - Conspiracy to Possess with Intent to Distribute Cocaine
HCL and/or Cocaine Base.
The
District Court should defer its decision to accept or reject
the plea agreement until there has been an opportunity to
review the presentence report. If the plea agreement is
rejected and the Defendant still persists in his guilty plea,
the disposition of the case may be less favorable to the
Defendant than that contemplated by the plea agreement. The
Defendant is ordered to report to the United States Probation
Department for the ...