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United States v. Reccarro

United States District Court, D. Minnesota

May 11, 2017

United States of America, Plaintiff,
v.
Romeo Reccarro, f/k/a Terry Lee Roundtree, Defendant. Criminal No. 14-75 ADM/JSM

          Katharine T. Buzicky, Esq., United States Attorney's Office, Minneapolis, MN, on behalf of Plaintiff.

          Romeo Reccarro, pro se.

          MEMORANDUM OPINION AND ORDER

          ANN D. MONTGOMERY U.S. DISTRICT JUDGE

         I. INTRODUCTION

         This matter is before the undersigned United States District Judge for a ruling on Defendant Romeo Reccarro, f/k/a/ Terry Lee Roundtree's (“Reccarro”) Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence [Docket No. 119][1] (the “Motion”). For the reasons set forth below, Reccarro's Motion is denied.

         II. BACKGROUND

         Reccarro was charged by indictment with distribution, receipt, and possession of child pornography, in violation of 18 U.S.C. § 2252. An Assistant Federal Defender was appointed to represent him. Reccarro initially entered a plea of not guilty, and a jury trial was scheduled. On the morning of trial, Reccarro absconded and the jury panel was dismissed. Min. Entry [Docket No. 47]. The Court issued a bench warrant for Reccarro's arrest. Docket Entry [Docket No. 48].

         After Reccarro was arrested on October 24, 2014, he entered a plea of guilty to the pornography charge at a hearing on November 12, 2014. Min. Entry [Docket No. 55]; Plea Agreement [Docket No. 56]. During the plea colloquy, the Court asked Reccarro a series of questions while he was under oath, including whether he was satisfied with his attorney and whether his plea was voluntary.

COURT: Have you had enough time to talk to your lawyer . . . ?
RECCARRO: Yes.
COURT: And are you satisfied with his representation of you?
RECCARRO: Yeah.

Plea Hr'g Tr. [Docket No. 88] 8:13-8:17.

COURT: Is anybody threatening you or forcing you to plead guilty?
RECCARRO: No.
COURT: Is this something you've had enough time to think about and it's a conscious ...

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