USA v. Davis et al

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5, 6, 8
69
407
1, 2
21:841(a)(1), (b)(2) POSSESSION WITH INTENT TO DISTRUBUTE
Superseding Indictment
Yes
5, 6, 8	Count(s)
18:922(g)(1) FELON IN POSSESSION OF A FIREARM
18:924(c) POSSESSION OF A FIREARM IN FURTHERANCE OF DRUG TRAFFICKING CRIME
Superseding Indictment 	69
CASE NO. 3:21-cr-00012-07-SLG-MMS
KYIN ANDRE SUMPTER-BOYD
Case 3:21-cr-00012-SLG-MMS Document 497 Filed 03/20/23 Page 1 of 5

Final R&R re Plea of Guilty
Page 2
and verbal consents of Defendant, counsel for Defendant, and counsel for the United
States.
Thereafter, the matter came before this Court for a hearing on Defendant’s
guilty plea, in full compliance with Rule 11, Federal Rules of Criminal Procedure, in
open court and on the record.
In consideration of that hearing and the colloquy made by the Defendant under oath,
on the record, in the presence of counsel, and the remarks of the Assistant United
States Attorney,
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܈ That any false statements made by the Defendant under oath may
later be used against 	in a prosecution for perjury ;
܈ The right to persist in a plea of not-guilty;
܈ The potential for deportation or denial of re-entry;
܈ The nature of the charges against the Defendant;
܈ The loss of certain federal benefits;
܈ The maximum possible sentence, including imprisonment, fine,
supervised release, and any applicable mandatory minimum sentence;
܈ The Court’s authority to order restitution;
܈ The mandatory special assessment;
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Case 3:21-cr-00012-SLG-MMS Document 497 Filed 03/20/23 Page 2 of 5

Final R&R re Plea of Guilty
Page 3
܈ Any applicable forfeiture;
܈ The right to a speedy and public trial by jury;
܈ The right to be represented by counsel and, if necessary, to have thecourt
appoint 	counsel 	at 	trial, 	and 	at 	every 	other 	stage 	of 	the
proceedings;
܈ The right to: confront and cross-examine adverse witnesses, to
remain silent, to testify and present evidence, and to compel the
attendance of witnesses;
܈ That a plea of guilty operates as a waiver of trial rights;
܈ That the Defendant knowingly, intelligently, and voluntarily waivesall
right to appeal or collaterally attack (except on the grounds of
ineffective assistance of counsel and the voluntariness of her plea); and
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 The Defendant is competent to enter an informed plea;
 The Defendant is aware of 	rightsand has had the advice of
legalcounsel;
 	That the plea of guilty by the Defendant has been knowingly and
voluntarily made and is not the result of force, threats, or coercion;
That there is a factual basis for the Defendant’s plea.

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Case 3:21-cr-00012-SLG-MMS Document 497 Filed 03/20/23 Page 3 of 5

Final R&R re Plea of Guilty
Page 4
& , 5(&200(1' that the District Court accept the Defendant’s plea of
guilty to 	  of the
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That a Presentence Report be prepared by the U.S. Probation Office.
 Any objection(s) to the presentence report shall be filed no later than
fourteen (14) days after receiving the presentence report (Fed. R. Crim.
3 32(f)(1));
 Any sentencing memorandum shall be filed no later than seven (7)
business days prior to sentencing (D.Ak. L.Cr.R. 32.1(d)).
The Sentencing hearing will be before WKHUnited States District Judge. The court
excludes 	time 	from 	   	until 	the 	time 	of 	sentencing pursuant to
18 	U.S.C. 	§3161(h)(1)(G) 	on 	the 	grounds 	that 	the 	District Judge 	will 	be
considering the proposed plea agreement.
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March 8, 2023
5, 6, 8 	Superseding Indictment
1, 2
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Matthew M. Scoble
Chief United States Magistrate Judge
Count(s)
March 8, 2023
Case 3:21-cr-00012-SLG-MMS Document 497 Filed 03/20/23 Page 4 of 5

Final R&R re Plea of Guilty
Page 5
This 	Report 	and 	Recommendation 	is 	being 	issued 	as 	a 	Final 	Report 	and
Recommendation. 	Pursuant to Fed. R. Crim P. 59(b)(3), any objections will be
considered by the District Court Judge who will accept, reject, or modify the
recommendation following de novo review. 	Any objections must be filed within
VHYHQ  GD\V from the date of service of this Report and Recommendation. 	7KH
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Reports and recommendations are not appealable orders. 	Any notice of appeal
pursuant to Fed. R. App. P. 4(a)(1) should not be filed until entry of the District
Court’s judgment. See Hilliard v. Kincheloe, 796 F.2d 308 (9th Cir. 1986).
Case 3:21-cr-00012-SLG-MMS Document 497 Filed 03/20/23 Page 5 of 5