USA v. Martinez

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 25-CR-14030-CANNON/MAYNARD
UNITED STATES OF AMERICA,
Plaintiff,
v.
MARK COLON,
Defendant.
_________________________________/
REPORT AND RECOMMENDATION ON CHANGE OF PLEA
THIS CAUSE comes before me upon an Order of Reference. Having conducted a Change
of Plea Hearing, I recommend to the District Court as follows:
1. I convened a hearing to permit the Defendant to change his plea in this criminal
case on November 18, 2025.
2. At the hearing’s outset, I advised the Defendant of his right to have the District
Judge assigned to this case conduct this proceeding. I advised the Defendant that I was conducting
the Change of Plea Hearing at the request of the Defendant, the Defendant’s attorney, and the
Assistant United States Attorney assigned to this case. I advised the Defendant that the District
Judge assigned to this case will be the sentencing judge, will make all findings and rulings
concerning the Defendant’s sentence, and will schedule and conduct the Sentencing Hearing. I
advised the Defendant that he did not have to permit me to conduct this hearing but could request
a United States District Judge to conduct the Change of Plea Hearing instead. The Defendant, the
Defendant’s attorney, and the Assistant United States Attorney assigned to the case all agreed on
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the record and consented to have a United States Magistrate Judge conduct the Change of Plea
Hearing.
3. I conducted the plea colloquy in accordance with the outline set forth in the Bench
Book for District Judges.
4. There is a written Plea Agreement which has been entered into by the parties in this
case. DE 84. I reviewed the Plea Agreement on the record and had the Defendant acknowledge
that he signed the Plea Agreement. The Defendant indicated to me that he fully understands the
Plea Agreement.
5. The Defendant pleaded guilty to Counts One and Two of the Indictment. Count
One charges the Defendant with conspiracy to purchase firearms by means of false statement in
violation of Title 18, United States Code, Section 371. Count Two charges the Defendant with
purchase of firearms by means of false statement in violation of Title 18, United States Code,
Section 922(a)(6) & 2. The United States agrees to dismiss Count Three of the Indictment as to
the Defendant after sentencing.
6. The mandatory minimum and maximum statutory penalties were announced on the
record. The Defendant acknowledged his understanding of the mandatory minimum and
maximum statutory penalties that could be imposed against him in this case.
7. The Plea Agreement contains provisions regarding forfeiture. The Defendant
agrees to forfeit to the United States any right, title, and interest to any firearm and ammunition
involved in the offenses charged and any property that constitutes or is derived from proceeds
traceable to those offenses.
8. The parties submitted a written Factual Proffer, which was signed by counsel for
the Government, counsel for the Defendant, and the Defendant. DE 85. The Factual Proffer was
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read into the record. The Defendant acknowledged that he signed the Factual Proffer, understands
it, and has had an opportunity to fully discuss it with his attorney. The Defendant agreed that the
Factual Proffer is true and correct and accurately sets forth the facts in his case as he understands
them to be. I find that the Factual Proffer sets forth each of the essential elements of the crime to
which the Defendant is pleading guilty.
9. Based on the foregoing and the plea colloquy that I conducted, I find that the
Defendant enters his guilty plea freely and voluntarily. I accept his guilty plea and recommend to
the District Court that it adjudicate him guilty of Counts One and Two of the Indictment.
10. The United States Probation Office will conduct a pre-sentence investigation and
will issue a report for sentencing purposes.
ACCORDINGLY, I recommend to the District Court that the Defendant’s plea of guilty
to Counts One and Two of the Indictment be accepted; that the Defendant be adjudicated guilty of
the offenses to which he pleads guilty; and that a Sentencing Hearing be conducted for final
disposition of this case.
The parties shall have fourteen (14) days from the date of this Report and Recommendation
within which to file objections, if any, with the Honorable Aileen M. Cannon, the United States
District Judge assigned to this case. Pursuant to Rule 59(b)(2), Fed. R. Crim. P., failure to file a
timely objection to this Report and Recommendation waives the party’s right to review and bars
the party from attacking on appeal any legal rulings or fact findings contained herein.
DONE AND SUBMITTED in Chambers at Fort Pierce, Florida, this 19th day of
November, 2025.
________________________________
SHANIEK MILLS MAYNARD
UNITED STATES MAGISTRATE JUDGE
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