[Download] "United States v. Lagorga" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: United States v. Lagorga
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 18, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Order BEFORE: ENGEL, KEITH and PECK, Circuit Judges In August, 1978, Appellant offered to plead guilty to a one-count information charging him with making a materially false statement in a loan application submitted to a federally insured bank in violation of 18 U.S.C. § 1014. The offer to plead guilty to the one-count information was made in return for the government's agreement not to press a multi-count bank fraud indictment and to make no recommendations with regard to the sentence. The district court, after engaging in an extensive colloquy with appellant wherein it 1) determined that appellant was willing to waive indictment and forego trial by jury, 2) insured that appellant had a full understanding of the charge lodged against him, and 3) advised appellant as to the maximum potential sentence, accepted appellant's plea and adjudged him guilty. At the sentencing hearing on November 20, 1978, Appellant alleged that his guilty plea was invalid because he lacked the requisite knowledge that his bank application was false and that the Secret Service had failed to live up to its promise to intervene in the case on his behalf. Upon re-examination of the proceedings at which appellant's plea was accepted, the district court reiterated its prior determination that 1) the plea was entered voluntarily, 2) appellant was aware that his loan application contained a materially false statement, and 3) no promises had been made to him other than those enumerated in open court as conditions of the Rule 11 agreement at the time the plea was accepted. The district court then imposed a sentence of two years imprisonment and a $5,000 fine.