USA v. Lelili'o

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
SONNY P. LELILI’O,
Defendant.
Case No. 3:19-cr-00076-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 1 of the Indictment, this matter was
referred to the Magistrate Judge by the District Court, with the written1 and oral
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 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, in the presence of counsel, and the remarks of the Assistant
United States Attorney,
1 Doc. 24.
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United States v. Lelili’o
3:19-cr-00076-SLG-DMS
Final R&R re Plea of Guilty
Page 2
A. 	I 	make 	the 	following 	FINDNGS 	– 	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;
4. 	The nature of the charges 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;
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United States v. Lelili’o
3:19-cr-00076-SLG-DMS
Final R&R re Plea of Guilty
Page 3
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 contemplated 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
pursuant to the Sentencing Guidelines promulgated by the United
States 	Sentencing 	Commission, 	possible 	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 a plea;
2. 	That the plea of guilty by the Defendant has been knowingly and
voluntarily made and is not the result of force, 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
4. 	That there is a factual basis for the Defendant’s plea and the factual
basis 	is 	in 	conformity 	with 	Rehaif 	v. 	United 	States, 	139 	S.Ct.
2191 (2019).
C. 	I RECOMMEND that the District Court accept the Defendant’s plea of
guilty to Count 1 of the Indictment which charges: Title 18, United States Code,
Section 922(g)(1) and 924(a)(2) – Felon in Possession of a Firearm. 	I FURTHER
RECOMMEND the District Court vacate the Final Pretrial Conference date and
Trial By Jury date.
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United States v. Lelili’o
3:19-cr-00076-SLG-DMS
Final R&R re Plea of Guilty
Page 4
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. L.Cr.R. 32.1(d).
The Sentencing hearing will be before United States District Judge Sharon L.
Gleason on January 3, 2020 at 10:30 a.m. The court excludes time from October 17,
2019 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 1 st day of November, 2019, at Anchorage, Alaska.
s/ Deborah M. Smith
CHIEF 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 three
(3) 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).
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