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United States v. Bosquez

United States District Court, S.D. New York

January 6, 2020

UNITED STATES OF AMERICA
v.
ANGELA BOSQUEZ, Defendant.

          GEOFFREY S. BERMAN United States Attorney for the Southern District of New York JUSTIN RODRIQUEZ Assistant United States Attorney.

          RICHARD LIND Attorney for Defendant Bosquez.

          Before: HON. BARBARA C. MOSES, District Judge.

          ORDER

          THE HONORABLE VICTOR MARRERO UNITED STATES DISTRICT JUDGE.

         WHEREAS, with the consent of the defendant, ANGELA BOSQUEZ, her guilty plea allocution was taken before a United States Magistrate Judge on December 26, 2019; and

         WHEREAS, a transcript of the allocution was made and thereafter was transmitted to the District Court; and

         WHEREAS, upon review of that transcript, this Court has determined that the defendant entered the guilty plea knowingly and voluntarily and that there was a factual basis for the guilty plea;

         IT IS HEREBY ORDERED that the defendant's guilty plea is accepted.

         SO ORDERED.

         ALSO PRESENT: FRANCISCO OLIVERO, Spanish Language Interpreter (Case called)

         MR. RODRIQUEZ: Good morning, your Honor.

         Justin Rodriguez, for the United States.

         THE COURT: Good morning, Mr. Rodriguez.

         MR. LIND: Good morning, your Honor.

         Richard Lind, for the defendant Angela Bosquez, who standing next to me.

         THE COURT: Good morning, Mr. Lind, Ms. Bosquez.

         You may be seated.

         Ms. Bosquez, I am Magistrate Judge Moses. Are you able to hear and understand our proceedings through the interpreter?

         THE DEFENDANT: Yes.

         THE COURT: Thank you.

         I understand that we-are here for a change of plea, counsel. I am informed that Ms. Bosquez having previously pleaded not guilty now wishes to plead guilty to Count One of the information in this matter.

         Mr. Lind, is that correct?

         MR. LIND: That's correct, your Honor.

         THE COURT: Thank you very much.

         Ms. Bosquez, I am holding up a form called "Consent to Proceed Before a United States Magistrate Judge on a Felony Plea Allocution". That looks like your signature at the bottom.

         Did you sign this form?

         THE DEFENDANT: Yes.

         THE COURT: What this form says is that you have the right to have your plea taken by a United States district judge but you're agreeing to have your plea taken by a United States magistrate judge such as myself, a magistrate judge with authority to take your plea with your consent and you have all of the same rights and protections as if you were before a district judge. If you are found guilty you will be sentenced by the district judge assigned to your case.

         Did you sign this consent form voluntarily?

         THE DEFENDANT: Yes.

         THE COURT: Before you signed the form, did your' lawyer explain it to you?

         THE DEFENDANT: Yes.

         THE COURT: Do you wish to proceed with your plea in my courtroom today?

         THE DEFENDANT: Yes.

         THE COURT: I will accept your consent.

         As you heard me say to your lawyer, it's my understanding that you want to change your plea and enter a plea of guilty to Count One of the information in this action.

         Is that correct?

         THE DEFENDANT: Yes.

         THE COURT: Now before deciding whether to accept your guilty plea, I am going to ask you a series of questions. It's important that you answer my questions honestly and completely. The purpose of the questions is to make sure that you understand your rights, to make sure you are pleading guilty of your own free will and to make sure that you are pleading guilty because you are guilty and not for any other reason.

         Do you understand what I'm saying?

         THE DEFENDANT: Yes, your Honor.

         THE COURT: OK. If you don't understand any of the questions I ask you or if you want time to consult with your attorney, please, speak up and let me know. It is important that you understand every question before you answer it.

         Are you ready?

         THE DEFENDANT: Yes, your Honor.

         THE COURT: I will ask the courtroom deputy to swear the defendant.

         (Defendant Angela Bosquez sworn)

         THE COURT: All right. Ms. Bosquez, you are now under oath. What that means, among other things, is that if you intentionally give a false answer to any of my questions you could be prosecuted for perjury.

         Do you understand that?

         THE DEFENDANT: Yes, your Honor.

         THE COURT: All right. Please state your full name.

         THE DEFENDANT: Angela Bosquez.

         THE COURT: Is there a second part of your last name?

         THE DEFENDANT: Roque, R-O-Q-U-E.

         THE COURT: Is it all right for me to call you "Ms. Bosquez"?

         THE DEFENDANT: Yes, your Honor.

         THE COURT: All right. How old are you, Ms. Bosquez?

         THE DEFENDANT: 52.

         THE COURT: Are you a citizen of the United States?

         THE DEFENDANT: Yes, your Honor.

         THE COURT: Were you born here or were you a naturalized citizen?

         THE DEFENDANT: No. I was born in Puerto Rico.

         THE COURT: In the United States. Thank you.

         How far did you go in school?

         THE DEFENDANT: I finished my GED.

         THE COURT: You got a GED. OK. Can you read and write in Spanish?

         THE DEFENDANT: Yes.

         THE COURT: How about in English?

         THE DEFENDANT: Not much.

         THE COURT: Not much in English, all right.

         Are you now or have you recently been under the care of a doctor, a psychiatrist or a psychologist for any reason?

         THE DEFENDANT: Yes, your Honor.

         THE COURT: OK. Which one of those kinds of doctors?

         THE DEFENDANT: I am receiving drug treatment and I am receiving treatment by a psychiatrist.

         THE COURT: So you are seeing a psychiatrist as part of your drug treatment?

         THE DEFENDANT: I have an illness. I am bipolar and have depression.

         THE COURT: Does the psychiatrist that you are seeing treat those conditions as well?

         THE DEFENDANT: Yes, your Honor.

         THE COURT: OK. Are you taking any medication prescribed by the psychiatrist?

         THE DEFENDANT: Yes, your Honor.

         THE COURT: And what are those?

         THE DEFENDANT: Arizapole, Trazodone, Bupropion.

         THE COURT: Bupropion, if I recall correctly, is an antianxiety drug; is that right?

         THE DEFENDANT: I suffer from anxiety.

         THE COURT: And trazodone is for your bipolar symptoms?

         THE DEFENDANT: Yes, your Honor.

         THE COURT: And the other one you mentioned was called Arizapole; am I saying it right?

         THE DEFENDANT: For depression.

         THE COURT: Do you have any condition that you haven't mentioned yet that affects your ability to see or to hear?

         THE DEFENDANT: No.

         THE COURT: Do you have any condition that you haven't mentioned yet that affects your ability to think or to understand or to make judgments or decisions on your own behalf?

         THE DEFENDANT: I am unable to concentrate much.

         THE COURT: OK. Why is that, ma'am?

         THE DEFENDANT: My mind is like that I don't -

         THE COURT: OK. Have you taken your prescribed medications today or last night? I don't know what time you are supposed to take them.

         THE DEFENDANT: I took them last night.

         THE COURT: OK. And that's when they.were ...


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