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United States v. Valdiva-Sandoval

United States District Court, N.D. Georgia, Atlanta Division

July 16, 2014

UNITED STATES OF AMERICA
v.
GREGORIO VALDIVA-SANDOVAL

REPORT AND RECOMMENDATION CONCERNING PLEA OF GULITY [1]

JUSTIN S. ANAND, Magistrate Judge.

The defendant, GREGORIO VALDIVA-SANDOVAL, by consent, has appeared before the undersigned and has entered a plea of guilty to COUNT ONE of the indictment. After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the undersigned has 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. The undersigned also determined that the defendant has voluntarily and expressly waived the right to appeal his conviction and sentence and the right to collaterally attack her conviction and sentence in any post-conviction proceeding (including, but not limited to, motions filed pursuant filed pursuant to 28 U.S.C. ยง 2255) on any ground, except that the defendant may file a direct appeal of an upward departure or a variance from the sentencing guideline range as calculated by the District Court, or if the Government ...


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