United States
v.
Guerra-Basurto

This case is not covered by Casetext's citator
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGANJul 31, 2018
Case No. 1:18-cr-00136 (W.D. Mich. Jul. 31, 2018)

Case No. 1:18-cr-00136

07-31-2018

UNITED STATES OF AMERICA, Plaintiff, v. GASPAR GUERRA-BASURTO, Defendant.


Hon. Janet T. Neff REPORT AND RECOMMENDATION

Pursuant to W.D. Mich. LCrR. 11.1, I conducted a plea hearing in the captioned case on July 31, 2018, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Gaspar Guerra-Basurto entered a plea of guilty to Count 2 of the Indictment charging defendant with possession and use of unlawfully obtained document, in violation of 18 U.S.C. § 1546(a) and 8 U.S.C. § 1324a(b)(1). On the basis of the record made at the hearing, I find that defendant is fully capable and competent to enter an informed plea; that the plea is made knowingly and with full understanding of each of the rights waived by defendant; that it is made voluntarily and free from any force, threats, or promises; that the defendant understands the nature of the charge and penalties provided by law; and that the plea has a sufficient basis in fact.

I therefore recommend that defendant's plea of guilty to Count 2 of the Indictment be accepted and that the court adjudicate defendant guilty. Acceptance of the plea, adjudication of guilt, and imposition of sentence are specifically reserved for the district judge. Dated: July 31, 2018

/s/ Ellen S. Carmody


ELLEN S. CARMODY


U.S. Magistrate Judge

OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court within 14 days of the date of service of this notice. 28 U.S.C. § 636(b)(1)(C). Failure to file objections within the specified time waives the right to appeal the District Court's order. Thomas v. Arn, 474 U.S. 140, 155 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).