USA v. Molina

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
UNITED STATES OF AMERICA 	PLAINTIFF
v. 	Case No. 2:21-cr-20021-001
JASMINE MOLINA 	DEFENDANT
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3), Local Rule 72.1 ¶ XII, and
General Order No. 40, this matter was referred to the undersigned for the purposes of conducting
a plea hearing pursuant to Rule 11 of the Federal Rules of Criminal Procedure. Such a hearing
was conducted on August 13, 2021, and, pursuant to a written Plea Agreement, the Defendant
entered a plea of guilty to Count One of the Indictment. 	Pursuant to the Plea Agreement, the
United States will move to dismiss Count Two of the Indictment and the Forfeiture Allegation
once the Court has pronounced sentence.
The plea agreement states, inter alia, that the Defendant agrees to pay full restitution to all
victims of the offense to which Defendant is pleading guilty, and for all losses caused by
Defendant’s criminal conduct, even if such losses resulted from crimes not charged in the
Indictment or admitted by Defendant.
After conducting the hearing in the form and manner prescribed by Rule 11, the
undersigned finds:
1. 	The Defendant, after consultation with her counsel, has knowingly and voluntarily
consented, both in writing and on the record at the hearing, to the entry of her guilty plea before
the undersigned, with the plea being subject to the final approval by United States District Judge
P. K. Holmes, III.
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2. 	The Defendant and the Government have entered into a written Plea Agreement
which has been disclosed in open court pursuant to Rule 11(c)(2), and the undersigned has directed
that the Plea Agreement be filed.
3. 	The Defendant is fully competent and capable of entering an informed plea; the
Defendant is aware of the nature of the charge, the applicable maximum penalties, and the
consequences of the guilty plea; the Defendant is fully satisfied with her counsel and has had
sufficient time to consult with him; and the plea of guilty is a knowing and voluntary plea
supported by an independent basis in fact containing each of the essential elements of the offense.
4. 	The Defendant understands her constitutional and statutory rights and wishes to
waive these rights.
5. 	The parties were informed, both in writing and on the record at the hearing, of their
right to file written objections within fourteen (14) days after receipt of this Report and
Recommendation. To expedite acceptance of the guilty plea, the parties waived, both on the record
and in writing, their right to file objections.
Based on the foregoing, the undersigned recommends that the guilty plea be accepted and
that the written Plea Agreement be tentatively approved, subject to final approval at sentencing.
Dated: August 13, 2021
/s/ Mark E. Ford
HONORABLE MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
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