Procedural Stages
Stage 3 of 6Click any procedural milestone to examine colloquy requirements, record entries, and statutory thresholds.
Rule 11 Status
Allocution Verified
Counts Admitted
2 Counts
Dual Sovereignty
NY State Active
PSR Milestone
Ordered (90d)
Step 3: Factual Allocution & Admission of Elements
Fed. R. Crim. P. 11(b)(3) — Factual Basis for a Plea
Under Federal Rule of Criminal Procedure 11(b)(3), the presiding judge must ensure there is an adequate factual basis on the record before accepting a guilty plea. The defendant must personally provide a spoken allocution detailing the facts of the crime or explicitly assent to a detailed factual statement read by the prosecution.
Record Allocution Statement
Verified Under Oath
"Defendant stated on the record in federal court that he intentionally traveled across state lines, acquired firearm equipment, and shot Brian Thompson on December 4, 2024, outside the Midtown Hilton hotel in Manhattan."
Statutory Charges & Admitted Elements:
Docket Entry: SDNY-CR-PLEA-RECORDED
Dual Sovereignty
Gamble v. United States, 587 U.S. (2019)
Under the dual-sovereignty doctrine, state and federal governments are separate sovereigns. A federal guilty plea does not trigger Double Jeopardy protections against separate state murder prosecutions.
Federal (SDNY)
Plea Entered
Resolved via Rule 11 plea: 18 U.S.C. §§ 1958, 924(c)/(j). Sentence pending PSR.
NY State (Supreme Court)
Parallel Charges
State Murder in the Second Degree & Weapons counts proceed independently without Double Jeopardy bar.
Sentencing Milestone
Base Offense Level (USSG):
43 (First Degree Murder)
Plea Acceptance of Responsibility:
-3 Levels (§ 3E1.1)
Adjusted Offense Level:
40
Statutory Cap / Mandatory Minimum:
Life / Mandatory Consecutive
Downstream Milestone:
PSR (90d) → Sentencing