USA v. Myers

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
MIGUEL CARL MYERS,
Defendant.
Case No. 3:12-cr-00100-SLG-MMS
FINAL REPORT AND
RECOMMENDATION OF THE
MAGISTRATE JUDGE ADMISSION
TO VIOLATION
Upon Defendant's request to enter an admission, pursuant to Rule 32.1 of the
Federal Rules of Criminal Procedure and 18 USC 3583, to Violations 1-4 and 6 of
the Superseding Petition [Doc. 45], this matter came before the Magistrate Judge,
with the verbal consents of Defendant, counsel for Defendant, and counsel for the
United States for a hearing on Defendant’s admission, in open court and on the
record.
The parties stipulated that violation 5 of the Superseding Petition would be
dismissed at the time of disposition.
Case 3:12-cr-00100-SLG-MMS Document 86 Filed 07/13/22 Page 1 of 4

Final R&R re Plea of Guilty
Page 2
In consideration of that hearing and the colloquy made by the Defendant under
oath, on the record, in the presence of counsel, and the remarks of the Assistant
United States Attorney,
A. 	I make the following FINDNGS – that the Defendant understands:
☒ That any false statements made by the Defendant under oath may
later be used against him in a prosecution for perjury;
☒ The right to deny the allegation;
☐ The consequences of not being a United States citizen;
☒ The nature of the allegation against the Defendant;
☐ The loss of certain federal benefits;
☒ The maximum possible sentence, including imprisonment, fine,
supervised release, and any applicable mandatory minimum sentence;
☐The Court’s authority to order restitution;
☐The mandatory special assessment;
☐Any applicable forfeiture;
☒The right to an evidentiary hearing;
☒ The right to be represented by counsel and, if necessary, to have the
court appoint counsel at proceedings, and at every other stage of the
proceedings;
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Final R&R re Plea of Guilty
Page 3
☒ The right to: confront and cross-examine adverse witnesses, to
remain silent, to testify and present evidence, and to compel the
attendance of witnesses;
☒ Waiver of the right to an evidentiary hearing;
☐ That the Defendant knowingly, intelligently, and voluntarily waives
all right to appeal or collaterally attack (except on the grounds of
ineffective assistance of counsel and the voluntariness of his plea); and
☒ That in determining a sentence, the court’s obligation to calculate
the applicable sentencing guideline range pursuant to the Sentencing
Guidelines promulgated by the United States Sentencing Commission
and to consider that range, as well as departures under the Sentencing
Guidelines, and variances under 18 U.S.C. §3553(a).
B. I further FIND that:
1. The Defendant is competent to enter an informed admission;
2. The Defendant is aware of his rights and has had the advice of legal
counsel;
3. That the admission by the Defendant has been knowingly and
voluntarily made and is not the result of force, threats, or coercion;
4. There is no agreement between the parties in this open admission; and
5. That there is a factual basis for the Defendant’s admission.
C. I RECOMMEND that the District Court accept the Defendant’s plea
of guilty to Violations 1-4 and 6 of the Petition.
☐ I FURTHER RECOMMEND the District Court accept the Defendant’s
admission to Criminal Forfeiture Allegation(s) 1ss.
//
Case 3:12-cr-00100-SLG-MMS Document 86 Filed 07/13/22 Page 3 of 4

Final R&R re Plea of Guilty
Page 4
The Dispostion hearing will be before United States District Judge.
The parties jointly request that the Dispostion hearing be held contemporaneously
with the Imposition of Sentence in case 3:21-cr-00053-SLG-MMS.
DATED this 13th of July 2022, at Anchorage, Alaska.
s/ Matthew M. Scoble
MATTHEW M. SCOBLE
United States Magistrate Judge
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
seven (7) days from the date of service of this Report and Recommendation. 	The
shortened objection deadline is due to the request of the District Court Judge.
Fed. R. Crim P. 59(b)(2) and 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).
D. IT IS ORDERED:
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