USA v. Katterman et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
DUSTIN KATTERMAN,
Defendant.
Case No. 3:21-cr-00095-SLG-KFR-1
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 [Doc.
39], the District Court referred this matter to the Magistrate Judge, with the
written and verbal consents of Defendant, counsel for Defendant, and counsel
for the United States.
Thereafter, 	the 	matter 	came 	before 	this 	Court 	for 	a 	hearing 	on
Defendant’s guilty plea, in full compliance with Rule 11, Federal Rules of
Criminal Procedure, 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,
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Final R&R re Plea of Guilty
United States v. Katterman
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A. 	I 	make 	the 	following 	FINDINGS 	– 	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 persist in a plea of not-guilty;
☒ The consequences of not being a United States citizen;
☒ The nature of the charges 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 a speedy and public trial by jury;
☒ 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;
☒ The right to: confront and cross-examine adverse witnesses, to
remain silent, to testify and present evidence, and to compel the
attendance of witnesses;
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Final R&R re Plea of Guilty
United States v. Katterman
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☒ That a plea of guilty operates as a waiver of trial rights;
☒ 	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:
1. 	The Defendant is competent to enter an informed plea;
2. The Defendant is aware of his rights and has had the advice of
legal counsel;
3. That the plea of guilty by the Defendant has been knowingly and
voluntarily 	made 	and 	is 	not 	the 	result 	of 	force, 	threats, 	or
coercion;
4. Any agreements or promises which induced the plea of guilty are
set forth in the written plea agreement or on the record; and
5. That there is a factual basis for the Defendant’s plea.
C. 	I RECOMMEND:
☒ That the District Court accept the Defendant’s plea of guilty to
Count 1 of the Indictment.
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Final R&R re Plea of Guilty
United States v. Katterman
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D. IT IS ORDERED:
That a Presentence Report be prepared by the U.S. Probation Office.
1. 	Any objection(s) to the presentence report shall be filed no later
than fourteen (14) days after receiving the presentence report
(Fed. R. Crim. P. 32(f)(1));
2. Any sentencing memorandum shall be filed no later than seven
(7) business days prior to sentencing (D.Ak. L.Cr.R. 32.1(d)).
The Sentencing hearing will be before the United States District Judge.
The court excludes time from June 21, 2022, until the time of sentencing
pursuant to 18 U.S.C. §3161(h)(1)(G) on the grounds that the District Judge
will be considering the proposed plea agreement.
DATED this 30th of June 2022, at Anchorage, Alaska.
s/ Kyle F. Reardon
KYLE F. REARDON
United States Magistrate Judge
District of Alaska
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
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Final R&R re Plea of Guilty
United States v. Katterman
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within 	seven 	(7) 	days 	from 	the 	date 	of 	service 	of 	this 	Report 	and
Recommendation.
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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