USA v. Koch

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
BROKEN SOUL KOCH,
Defendant.
Case No. 3:21-cr-00116-SLG-MMS
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(s) 1 of the Indictment [Doc. 2], this
matter was referred to the Magistrate Judge by the District Court, 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.
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Final R&R re Plea of Guilty
Page 2
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 FINDNGS – 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 potential for deportation or denial of re-entry;
☒ 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;
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☒ The right to: confront and cross-examine adverse witnesses, to
remain silent, to testify and present evidence, and to compel the
attendance of witnesses;
☒ 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 that:
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. There is no agreement between the parties in this open plea; 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(s) 1 of the Indictment.
☒ I FURTHER RECOMMEND the District Court accept the Defendant’s
admission to Criminal Forfeiture Allegation(s) 1.
//
D. IT IS ORDERED:
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Final R&R re Plea of Guilty
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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 United States District Judge. The court
excludes time from August 30, 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 8th of September 2022, at Anchorage, Alaska.
s/ Matthew M. Scoble
MATTHEW M. SCOBLE
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. 	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.
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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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