USA v. Withrow et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
JAMES DAREN WITHROW,
Defendant.
Case No. 3:21-cr-00109-SLG-KFR
ORDER RE FINAL REPORT AND RECOMMENDATION OF THE
MAGISTRATE JUDGE UPON A PLEA OF GUILTY
A plea agreement was filed in this case at Docket 90. Pursuant to Rule 11
of the Federal Rules of Criminal Procedure, this matter was referred to the
Honorable Magistrate Judge Kyle F. Reardon by the District Court, with the written
and oral consents of Defendant, counsel for Defendant, and counsel for the United
States. A proposed change of plea hearing was held before the magistrate judge
at 	which 	Defendant 	entered 	a 	guilty 	plea 	to Count 	One 	of 	the 	Indictment,
Conspiracy to Commit Depredation against Property of the United States which is
a violation of 18 U.S.C. § 371. Defendant also admitted to the Criminal Forfeiture
Allegation.
Judge Reardon issued a Final Report and Recommendation at Docket 96,
in which he recommended that the District Court accept Defendant’s plea of guilty
to Count One of the Indictment and accept Defendant’s admission to the Criminal
Case 3:21-cr-00109-TMB-KFR Document 98 Filed 10/27/22 Page 1 of 2

Case No. 3:21-cr-00109-SLG-KFR, United States v. Withrow
Order Re Final Report and Recommendation of the Magistrate Judge Upon a Plea of Guilty
Page 2 of 2
Forfeiture Allegation. 	No objections to the Final Report and Recommendation
have been filed.
The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1). The
Court 	has 	reviewed 	the 	Final 	Report 	and 	Recommendation 	and 	adopts 	it.
Accordingly, IT IS ORDERED that the Court ACCEPTS Defendant’s plea of guilty
to Count One of the Indictment and Defendant is adjudged GUILTY of Count One.
The Court also ACCEPTS Defendant’s admission to the Criminal Forfeiture
Allegation. 	An Imposition of Sentence hearing has been scheduled for January
18, 2023, before District Judge Sharon L. Gleason in Anchorage Courtroom 2.
DATED this 27 th day of October, 2022, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
Case 3:21-cr-00109-TMB-KFR Document 98 Filed 10/27/22 Page 2 of 2