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United States of America v. Gerardo Barrios-Mendoza

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION


March 24, 2011

UNITED STATES OF AMERICA
v.
GERARDO BARRIOS-MENDOZA

The opinion of the court was delivered by: Gerrilyn G. Brill United States Magistrate Judge

REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY*fn1

The defendant, GERARDO BARRIOS-MENDOZA ("Defendant"), by consent, has appeared before me and has entered a plea of guilty to COUNT TWENTY-FIVE (25) of the indictment. After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, I have determined that the guilty plea was knowing and voluntary, and that the plea to the offense charged is supported by an independent basis in fact establishing each of the essential elements of such offense. I have also determined that the defendant has voluntarily and expressly waived his right to appeal the conviction and sentence and the right to collaterally attack his sentence in any post-conviction proceedings, including a §2255 proceeding, on any ground, except that the defendant may file a direct appeal of a sentence higher than the otherwise applicable advisory sentencing guideline range, or, if the Government appeals the sentence imposed, Defendant may also file a direct appeal of his sentence. I, therefore, RECOMMEND that the plea of guilty be accepted and that the defendant be adjudged guilty and have sentence imposed accordingly.


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