United States v. Farfan

> ase 3:19-cr-01610-LL Document 215 Filed 05/15/25 PagelD.607 Page 1of FILED MAY 15 2025 CLERK U.S. DISTRIGT COURT SOUTHERN DISTRICT OF CALIFORNIA BY VAAQ DEPUTY \ UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Case No.: 19-cr-01610-LL FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY Plaintiff, Vv. Wilder Emilio Sanchez Farfan (1), Ne ee ea ea ee ee ee Defendant. Upon Defendant’s request to enter a guilty plea to Count One(1) of the Second Superseding Indictment pursuant to Rule 11 of the Federal Rules of Criminal Procedure, this matter was referred to the Magistrate Judge by the District Judge, with the consents of the Defendant, counsel for the Defendant, and counsel for the United States. Thereafter, the matter came on for a hearing on Defendant’s guilty plea, in full compliance with Rule 19-cr-01610-LI . ase 3:19-cr-01610-LL Document 215 Filed 05/15/25 PagelD.608 Page 2 of 11, Federal Rules of Criminal Procedure, before the Magistrate Judge, in open court and on the record. In consideration of that hearing and the allocution made by the Defendant under oath on the record and in the presence of counsel, and the remarks of the Assistant United States Attorney, I make the following FINDINGS - that the Defendant understands: Les The government’ s right, in a prosecution for perjury or false statement, to use against the defendant any statement that the defendant gives under oath; 2. The wight to persist in a plea of “not guilty”; 3. The right to a speedy and public trial; 4. The right to trial by jury, or the ability to waive that right and have a judge try the case without a jury; 5. The right to be represented by counsel-and if necessary to have the court appoint counsel-at trial and at every other stage of the proceeding; Ox The right at trial to confront and cross- examine adverse witnesses, to be protected from compelled self-incrimination, to testify and 19-er-0161L0-Ly £ hemi ase 3:19-cr-01610-LL Document 215 Filed 05/15/25 PagelD.609 Page 3 of Lis li. 12. ded 14. present evidence, and to compel the attendance of witnesses; The defendant’s waiver of these trial rights if the court accepts a guilty plea or nolo contendere; The nature of each charge to which the defendant is pleading; Any maximum possible penalty, including imprisonment, fine, and term of supervised release; Any applicable mandatory minimum penalty; Any applicable forfeiture; The court’s authority to order restitution, if applicable; The court’s obligation to impose a special assessment; In determining a sentence, the court’s obligation to calculate the applicable sentencing guideline range and to consider that range, possible departures under the Sentencing Guidelines, and other sentencing factors under 16 0.8. § 3553 (a); 19-cr-01610-LI ~~ Nase 3:19-cr-01610-LL Document 215 Filed 05/15/25 PagelD.610 Page 4of 15. The term of any plea agreement and any provision in that agreement that waives the right to appeal or to collaterally attack the conviction and sentence; and 16 5 That, if convicted, a defendant who is not a United States citizen may be removed from the United States, denied citizenship, and denied admission to the United States in the future. T further find that: 17. The defendant is competent to enter a plea; 18. The defendant’s guilty plea is made knowingly and voluntarily, and did not result from force, threats or promises (other than those made in a plea agreement); and 19. There is a factual basis for Defendant’s plea. I therefore RECOMMEND that the District Judge accept the Defendant’s guilty plea to Count One(1) of the Second Superseding Indictment. The sentencing hearing will be before United States District Judge Linda Lopez, on 8/11/2025 at 10:00 AM. The court excludes time from 5/15/2025 through 8/11/2025 pursuant to 18 USC § 3161 (h) (1) (G) on the ground that the District Judge will be considering the 19=ér-Q16T0-L1 27 28 fase 3:19-cr-01610-LL Document 215 Filed 05/15/25 PagelD.611 Page 5 of proposed plea agreement or guilty plea without agreement. Objections to these Findings and Recommendations are waived by the parties if not made within 14 days of this order or the sentencing hearing before the district judge, whichever first occurs. Dated: 5/15/2025 |b yor Hon. Barbara L. Major United States Magistrate Judge Copies to: Judge Linda Lopez Assistant United States Attorney Counsel for Defendant 19-cr-01610-L]