USA v. Smith et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
GORDON KEOLA CARVALHO,
Defendant.
Case No. 3:16-cr-00086-SLG-SAO
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 U.S.C. § 3583, to Violations 1-3 of the
Superseding Petition [Doc. 1269], 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.
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 FINDINGS – that the Defendant understands:
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☒ That any false statements made by the Defendant under oath may
later be used against him in a prosecution for perjury;
☒ The nature of the allegations against the Defendant;
☒ The right to deny the allegations;
☒ 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.
☐ The consequences of not being a United States citizen;
☒ The maximum statutory penalties and advisory guideline range
pursuant to the Sentencing Guidelines that may be imposed by the
District Judge, including imprisonment, fine, and supervised release;
☒ The right to an evidentiary hearing;
☒ The right to appeal the findings from an evidentiary hearing; and
☒ waiver of the right to an evidentiary hearing and appellate rights;
B. I further FIND that:
1. The Defendant is competent to enter informed admissions;
2. The Defendant is aware of his rights and has had the advice of legal
counsel;
3. That the admissions by the Defendant have been knowingly and
voluntarily made and are not the result of force, threats, or coercion;
and
4. That there is a factual basis for the Defendant’s admission to each of
the allegations.
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C. I RECOMMEND that the District Court accept the Defendant’s plea of
guilty to Violation 1-3 of the Petition and set a disposition hearing.
D. IT IS ORDERED:
The Disposition hearing will be before United States District Judge on
October 5, 2022 at 10:00 am in Anchorage Courtroom 2 before Chief District
Judge Sharon Gleason.
DATED this 14th of September 2022, at Fairbanks, Alaska.
s/ Scott A. Oravec
SCOTT A. ORAVEC
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
five (5) days from the date of service of this Report and Recommendation. 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).
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