USA v. Vallette et al

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Case 5:19-cr-50050-RAL Document 99 Filed 04/11/22 Page 1 of 2 PagelD #: <pagelD>

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA

WESTERN DIVISION

UNITED STATES OF AMERICA, 9: 19-CR-50050-JLV-02

Plaintiff,

REPORT AND RECOMMENDATION
vs.

JOEL LUTHER BAKER,

Defendant.

This matter came before the court for a change of plea hearing on April
11, 2022. The Defendant, Joel Luther Baker, appeared in person and by his
counsel, the Assistant federal Public Defender, while the United States
appeared by its Assistant United States Attorney.

The defendant consented in open court to the change of plea before a
United States magistrate judge. This court finds that the defendant’s consent
was voluntary and upon the advice of counsel. The government also consented
to the plea hearing before a magistrate judge. Further, the parties waived their
right to object to the report and recommendation.

Defendant has reached a plea agreement wherein he intends to plead
guilty to Click or tap here to enter text. which charges him with Conspiracy to
Distribute Controlled Substance, in violation of 21 U.S.C. §§ 846, 841 (a)(1),

and 841(b)(1}{A) . At the hearing, the defendant was advised of the nature of

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 5:19-cr-50050-RAL Document 99 Filed 04/11/22 Page 2 of 2 PagelD #: <pagelD>

the charges to which the defendant would plead guilty and the maximum
penalties applicable, specifically: life in prison; a $10,000,000 fine; or both; five
(5} years to lifetime supervised release; five (5) additional years’ imprisonment if
supervised release is revoked; a $100 special assessment; and restitution.

Upon questioning the defendant personally in open court, it is the finding
of the court 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 his plea of guilty to the Indictment is a
knowing and voluntary plea supported by an independent basis in fact
containing each of the essential elements of the offense. The defendant’s guilty
plea to the Indictment is accepted. It is my report and recommendation that
the defendant be adjudged guilty of that offense.

DATED this 11th day of April, 2022,

BY THE COURT:

DANETA WOLLMANN
United States Magistrate Judge