USA v. Epperson et al

United States v. Adam Alan Blodgett
3:20-cr-00055-SLG-MMS
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.
ADAM ALAN BLODGETT,
Defendant.
Case No. 3:20-cr-00055-SLG-MMS
FINAL REPORT AND
RECOMMENDATION OF THE
MAGISTRATE JUDGE UPON A PLEA
OF GUILTY
Upon Defendant's request to enter a guilty plea to Count Three of the Indictment, Felon in
Possession of a Firearm in violation of 18 U.S.C. § 922(g)(1) and 924(a)(2), 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 Judge, with the consent of counsel for Defendant
and the United States.
After resolution of scheduling and technology issues, 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. All parties appeared by video in court and
on the record with the Defendant’s consent.
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 or false statement;
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 each charge to which the defendant is pleading guilty;
5. 	The maximum possible sentence, including imprisonment, fine, and the effect of
the supervised release term,
6. 	Any applicable mandatory minimum penalty;
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United States v. Adam Alan Blodgett
3:20-cr-00055-SLG-MMS
Final R&R re Plea of Guilty
Page 2
7. 	The Court’s authority to order restitution [if applicable];
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 will consider the 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. 	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
4. 	There is a sufficient factual basis for the Defendant’s plea.
C. I therefore RECOMMEND that:
1. The District Judge accept the Defendant’s guilty plea to Count Three of the
Indictment, in violation of 18 U.S.C. § 922(g)(1) and 924(a)(2);
2. The District Judge vacate the Final Pretrial Conference and Trial by Jury dates;
3. The District Judge set a sentencing date in late June 2022 as requested by the
parties.
Case 3:20-cr-00055-SLG Document 97 Filed 05/03/22 Page 2 of 3

United States v. Adam Alan Blodgett
3:20-cr-00055-SLG-MMS
Final R&R re Plea of Guilty
Page 3
D. I further order preparation of a Presentence Report.
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(e);
The Sentencing hearing will be before the Honorable United States District Judge Sharon
Gleason. The court excludes time from September 20, 2021 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 3rd day of May, 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 seven (7) days from the date of service of this Report and Recommendation.
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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