From Casetext: Smarter Legal Research

United States v. Murphy

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION
Jul 2, 2019
CR 19-32-BLG-SPW-TJC (D. Mont. Jul. 2, 2019)

Opinion

CR 19-32-BLG-SPW-TJC

07-02-2019

UNITED STATES OF AMERICA, Plaintiff, v. FRANCIS WILLIAM MURPHY, Defendant.


FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE

The Defendant, by consent, appeared before me under Fed. R. Crim. P. 11 and entered a plea of guilty to Count I of the Indictment, which charges the crime of prohibited person in possession of firearms and ammunition, in violation of 18 U.S.C. § 922(g)(1).

After examining the Defendant under oath, the Court determined:

1. That the Defendant is fully competent and capable of entering an informed and voluntary plea to the criminal offense charged against him;

2. That the Defendant is aware of the nature of the charge against him and the consequences of pleading guilty to the charge;

3. That the Defendant fully understands his pertinent constitutional rights and the extent to which he is waiving those rights by pleading guilty to the criminal offense charged against him; and

4. That his plea of guilty to the criminal offense charged against him is knowingly and voluntarily entered, and is supported by independent factual grounds sufficient to prove each of the essential elements of the offense charged.

The Court further concludes that the Defendant had adequate time to review the Plea Agreement with counsel, that Defendant fully understands each and every provision of the agreement and that all of the statements in the Plea Agreement are true.

Therefore, I recommend that the Defendant be adjudged guilty of the charge in Count I of the Indictment and that sentence be imposed.

Objections to these Findings and Recommendation are waived unless filed and served within fourteen (14) days after the filing of the Findings and Recommendation. 28 U.S.C. § 636(b)(1)(B); Fed. R. Crim. P. 59(b)(2).

DATED this 2nd day of July, 2019.

/s/_________

TIMOTHY J. CAVAN

United States Magistrate Judge


Summaries of

United States v. Murphy

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION
Jul 2, 2019
CR 19-32-BLG-SPW-TJC (D. Mont. Jul. 2, 2019)
Case details for

United States v. Murphy

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. FRANCIS WILLIAM MURPHY, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION

Date published: Jul 2, 2019

Citations

CR 19-32-BLG-SPW-TJC (D. Mont. Jul. 2, 2019)