USA v. Earl Sr., et al

United States v. Antaeus Tulane Gay
3:19-cr-00019-SLG-DMS
Final R&R re Plea of Guilty
Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
ANTAEUS TULANE GAY,
Defendant.
Case No. 3:19-cr-00019-SLG-DMS
FINAL REPORT AND
RECOMMENDATION OF THE
MAGISTRATE JUDGE UPON A
PLEA OF GUILTY
Upon Defendant's request to enter a guilty plea pursuant to Rule 11 of the
Federal Rules of Criminal Procedure to Count One of the Indictment, and the
defendant’s consent to plead before a Magistrate Judge contained in the plea
agreement, this matter was referred to the Magistrate Judge by the District Court,
with the additional written consents of Defendant, counsel for Defendant, and counsel
for the United States.
Thereafter, the matter came on for a hearing on Defendant’s guilty plea, in full
compliance with Rule 11, Federal Rules of Criminal Procedure, before the
undersigned United States Magistrate Judge, in open court and on the record.
In consideration of that hearing and the allocution made by the Defendant
under oath on the record and in the presence of counsel, and the remarks of the
Assistant United States Attorney,
A. I make the following FINDINGS – that the Defendant
understands:
1. That any false statements made by the Defendant under oath may later
be used against him in a prosecution for perjury;
2. The right to persist in a plea of “not-guilty”;
3. The consequence of not being a United States citizen;
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United States v. Antaeus Tulane Gay
3:19-cr-00019-SLG-DMS
Final R&R re Plea of Guilty
Page 2
4. The nature of the charge against him;
5. The maximum possible sentence, including imprisonment, fine, and the
effect of the supervised release term,
6. Any applicable mandatory minimum penalty;
7. The Court’s authority to order restitution;
8. The Court’s obligation to impose a special assessment;
9. Any applicable forfeiture;
10. The right to a speedy and public trial by jury;
11. The right to be represented by counsel – and if necessary to have the
court appoint counsel– at trial and at every other stage of the
proceedings;
12. The right to confront and cross-examine adverse witnesses, to be
protected from compelled self-incrimination, to testify and present
evidence, and to compel the attendance of witnesses;
13. The Defendant’s waiver of trial rights if the Court accepts a guilty plea
or nolo contendere; and
14. That he knowingly, intelligently and voluntarily waived his right to
appeal or collaterally attack his conviction and any sentence imposed if
it is within the range permitted by the plea agreement; and
15. That in determining a sentence, the court’s obligation to calculate the
applicable sentencing guideline range and to consider that range,
possible departures under the Sentencing Guidelines, and other
sentencing factors under 18 U.S.C. §3553(a).
B. I further FIND that:
1. The Defendant is competent to enter a plea;
2. That the plea of guilty by the Defendant has been knowingly and
voluntarily made and is not the result of force or threats or coercion;
3. Any agreements or promises which induced the plea of guilty are set
forth in the written plea agreement or on the record; and
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United States v. Antaeus Tulane Gay
3:19-cr-00019-SLG-DMS
Final R&R re Plea of Guilty
Page 3
4. That there is a sufficient factual basis for the Defendant’s plea.
C. I RECOMMEND that the District Court accept the Defendant’s plea of
guilty to Count One of the Indictment, which charges a violation of Title 21 United
States Code Sections 846 and 841(a)(1) and (b)(1)(A).
D. I FURTHER RECOMMEND the District Court vacate the Final
Pretrial Conference and Trial by Jury dates.
E. I FURTHER RECOMMEND granting the Defense request to hold the
Imposition of Sentence in Fairbanks, Alaska, where the Defendant has been confined.
IT IS FURTHER ORDERED:
D. A Presentence Report be prepared.
1. Any objection(s) to the presentence report shall be filed no later than
fourteen (14) days after receiving the presentence report pursuant to
Fed. R. Crim. P. 32(f)(1);
2. Any sentencing memorandum shall be filed no later than seven (7)
business days prior to sentencing pursuant to D.AK. LCrR 32.1(d);
The Sentencing hearing will be before United States District Judge Sharon L.
Gleason. The court excludes time from March 4, 2020 until the time of sentencing
pursuant to 18 U.S.C. §3161(h)(1)(G) on the ground that the District Judge will be
considering the proposed plea agreement.
DATED this 4th day of March, 2020, at Fairbanks, Alaska.
s/ Scott A. Oravec
SCOTT A. ORAVEC
United States Magistrate Judge
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United States v. Antaeus Tulane Gay
3:19-cr-00019-SLG-DMS
Final R&R re Plea of Guilty
Page 4
This Report and Recommendation is being issued as a Final Report and
Recommendation. Pursuant to Fed. R. Crim P. 59(b)(3), any objections will be
considered by the District Court Judge who will accept, reject, or modify the
recommendation following de novo review. Any objections must be filed within three
(3) days from the date of service of this Report and Recommendation. The shortened
objection deadline is necessary due to the looming trial date/ to the request of the
District Court Judge. D.Ak.L.M.R. 6(a) authorizes the Court to alter the standard
objection deadlines.
Reports and recommendations are not appealable orders. Any notice of appeal
pursuant to Fed. R. App. P. 4(a)(1) should not be filed until entry of the District
Court’s judgment. See Hilliard v. Kincheloe, 796 F.2d 308 (9th Cir. 1986).
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