throbber
Case 9:15-cr-00009-MHS-KFG Document 16 Filed 09/09/15 Page 1 of 5 PageID #: 34
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`LUFKIN DIVISION
`
`UNITED STATES OF AMERICA
`
`
`VS.
`
`
`
`AUTRY FAYE JENKINS
`
` §
` §
` §
` §
` §
` §
` §
`
`CASE NO. 9:15-CR-9
`
`FINDINGS OF FACT AND RECOMMENDATION ON GUILTY PLEA
`BEFORE THE UNITED STATES MAGISTRATE JUDGE
`
`By order of the District Court, this matter is referred to the undersigned United States
`
`Magistrate Judge for administration of the guilty plea under Rule 11. Magistrate judges have the
`
`statutory authority to conduct a felony guilty plea proceeding as an “additional duty” pursuant to 28
`
`U.S.C. § 636(b)(3). United States v. Bolivar-Munoz, 313 F.3d 253, 255 (5th Cir. 2002).
`
`On September 8, 2015, this case came before the undersigned magistrate judge for entry of
`
`a guilty plea by the Defendant, Autry Faye Jenkins, to Count One of the Information. Count One
`
`alleges that on or about and between March 14, 1988 and August 31, 2013, in the Eastern District
`
`of Texas, Autry Faye Jenkins, defendant, in a matter within the jurisdiction of SSA, having
`
`knowledge of the occurrence of an event affecting the continued right to Social Security SIB
`
`payments of another individual in whose behalf defendant was receiving such payments, concealed
`
`and failed to disclose such event with the intent to fraudulently secure payment when no payment
`
`was authorized. Specifically, defendant, Autry Faye Jenkins, intentionally concealed the death of
`
`her mother, Mandy Jenkins, in order to continue to receive and spend SIB payments made by SSA
`
`to her mother. By such action, defendant, Autry Faye Jenkins, stole approximately $200,278.00 in
`
`-1-
`
`

`
`Case 9:15-cr-00009-MHS-KFG Document 16 Filed 09/09/15 Page 2 of 5 PageID #: 35
`
`SSA SIB payments to which she was not entitled, in violation of 42 U.S.C. § 408(a)(4).
`
`The Defendant entered a plea of guilty to Count One of the Information into the record at the
`
`hearing. After conducting the proceeding in the form and manner prescribed by Federal Rule of
`
`Criminal Procedure 11, the undersigned finds:
`
`a.
`
`That the Defendant, after consultation with her attorney, has knowingly, freely and
`
`voluntarily consented to the administration of the guilty plea in this case by a United States
`
`Magistrate Judge in the Eastern District of Texas, subject to a final approval and imposition of
`
`sentence by the District Court.
`
`b.
`
`That the Defendant and the Government have entered into a plea agreement which
`
`was disclosed and addressed in open court, entered into the record, and placed under seal. The
`
`Defendant verified that she understood the terms of the plea agreement, agreed with the
`
`Government’s summary of the plea agreement, and acknowledged that it was her signature on the
`
`plea agreement. To the extent the plea agreement contains recommendations and requests pursuant
`
`to FED. R. CRIM. P. 11 (c)(1)(B), the court advised the Defendant that she has no right to withdraw
`
`the plea if the court does not follow the particular recommendations or requests. To the extent that
`
`any or all of the terms of the plea agreement are pursuant to Rule 11(c)(1)(A) or (C), the undersigned
`
`advised the Defendant that she will have the opportunity to withdraw her plea of guilty should the
`
`-2-
`
`

`
`Case 9:15-cr-00009-MHS-KFG Document 16 Filed 09/09/15 Page 3 of 5 PageID #: 36
`
`court not follow those particular terms of the plea agreement.1
`
`c.
`
`That the Defendant is fully competent and capable of entering an informed plea, that
`
`the Defendant is aware of the nature of the charges and the consequences of the plea, and that the
`
`plea of guilty is made freely, knowingly, and voluntarily. Upon addressing the Defendant personally
`
`in open court, the undersigned determines that the Defendant’s plea is knowing and voluntary and
`
`did not result from force, threats or promises (other than the promises set forth in the plea
`
`agreement). See FED. R. CRIM. P. 11(b)(2).
`
`d.
`
`That the Defendant’s knowing and voluntary plea is supported by an independent
`
`factual basis establishing each of the essential elements of the offense and the Defendant realizes that
`
`her conduct falls within the definition of the crime charged under Title 42, United States Code,
`
`Section 408(a)(4) (Social Security Fraud).
`
`STATEMENT OF REASONS
`
`As factual support for the Defendant’s guilty plea, the Government presented a factual basis.
`
`See Factual Basis and Stipulation. In support, the Government would prove that the Defendant is
`
`the same person charged in the Information and that the events described in the Information
`
`occurred in the Eastern District of Texas and elsewhere. The Government would also have proven,
`
`1“(3) Judicial Consideration of a Plea Agreement.
`(A) To the extent the plea agreement is of the type specified in Rule 11(c)(1)(A) or (C), the court may accept the
`agreement, reject it, or defer a decision until the court has reviewed the presentence report.
`(B) To the extent the plea agreement is of the type specified in Rule 11(c)(1)(B), the court must advise the defendant that
`the defendant has no right to withdraw the plea if the court does not follow the recommendation or request.
`(4) Accepting a Plea Agreement. If the court accepts the plea agreement, it must inform the defendant that to the extent
`the plea agreement is of the type specified in Rule 11(c)(1)(A) or (C), the agreed disposition will be included in the judgment.
`(5) Rejecting a Plea Agreement. If the court rejects a plea agreement containing provisions of the type specified in Rule
`11(c)(1)(A) or (C), the court must do the following on the record and in open court (or, for good cause, in camera):
`(A) inform the parties that the court rejects the plea agreement;
`(B) advise the defendant personally that the court is not required to follow the plea agreement and give the defendant
`an opportunity to withdraw the plea; and
`(C) advise the defendant personally that if the plea is not withdrawn, the court may dispose of the case less favorably
`toward the defendant than the plea agreement contemplated.” FED. R. CRIM. P. 11(c)(3)-(5).
`
`-3-
`
`

`
`Case 9:15-cr-00009-MHS-KFG Document 16 Filed 09/09/15 Page 4 of 5 PageID #: 37
`
`beyond a reasonable doubt, each and every essential element of the offenses as alleged in Count One
`
`of the Information through the testimony of witnesses, including expert witnesses, and admissible
`
`exhibits. In support of the Defendant’s plea, the undersigned incorporates the proffer of evidence
`
`described in detail in the factual basis and stipulation filed in support of the plea agreement, and the
`
`Defendant’s admissions made in open court in response to the undersigned’s further inquiry into the
`
`factual basis and stipulation.
`
`The Defendant agreed with and stipulated to the evidence presented in the factual basis.
`
`Counsel for the Defendant and the Government attested to the Defendant’s competency and
`
`capability to enter an informed plea of guilty. The Defendant agreed with the evidence presented
`
`by the Government and personally testified that she was entering the guilty plea knowingly, freely
`
`and voluntarily.
`
`RECOMMENDED DISPOSITION
`
`IT IS THEREFORE the recommendation of the undersigned United States Magistrate
`
`Judge that the District Court accept the Guilty Plea of the Defendant, which the undersigned
`
`determines to be supported by an independent factual basis establishing each of the essential
`
`elements of the offense charged in Count One of the Information. Accordingly, it is further
`
`recommended that the District Court finally adjudge the Defendant, Autry Faye Jenkins guilty of
`
`the charged offense under Title 42, United States Code, Section 408(a)(4) (Social Security Fraud).
`
`The District Court should defer its decision to accept or reject the plea agreement until there
`
`has been an opportunity to review the presentence report. If the plea agreement is rejected and the
`
`Defendant still persists in her guilty plea, the disposition of the case may be less favorable to the
`
`Defendant than that contemplated by the plea agreement. The Defendant is ordered to report to the
`
`United States Probation Department for the preparation of a presentence report. The Defendant has
`
`-4-
`
`

`
`Case 9:15-cr-00009-MHS-KFG Document 16 Filed 09/09/15 Page 5 of 5 PageID #: 38
`
`the right to allocute before the District Court before imposition of sentence.
`
`OBJECTIONS
`
`Pursuant to 28 U.S.C. § 636(b)(1)(c), each party to this action has the right to file objections
`
`to this report and recommendation. Objections to this report must: (1) be in writing, (2) specifically
`
`identify those findings or recommendations to which the party objects, and (3) be served and filed
`
`within fourteen (14) days after being served with a copy of this report, and (4) no more than eight
`
`(8) pages in length. See 28 U.S.C. § 636(b)(1)(c) (2009); FED. R. CIV. P. 72(b)(2); Local Rule CV-
`
`72(c). A party who objects to this report is entitled to a de novo determination by the United States
`
`District Judge of those proposed findings and recommendations to which a specific objection is
`
`timely made. See 28 U.S.C. § 636(b)(1) (2009); FED R. CIV. P. 72(b)(3).
`
`
`
`A party’s failure to file specific, written objections to the proposed findings of fact and
`
`conclusions of law contained in this report, within fourteen (14) days of being served with a copy
`
`of this report, bars that party from: (1) entitlement to de novo review by the United States District
`
`Judge of the findings of fact and conclusions of law, see Rodriguez v. Bowen, 857 F.2d 275, 276–77
`
`(5th Cir. 1988), and (2) appellate review, except on grounds of plain error, of any such findings of
`
`fact and conclusions of law accepted by the United States District Judge, see Douglass v. United
`
`Servs. Auto. Ass’n, 79 F.3d 1415, 1428–29 (5th Cir. 1996) (en banc).
`
`-5-
`
`_________________________
`Zack Hawthorn
`United States Magistrate Judge
`
`SIGNED this 9th day of September, 2015.

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket