USA v. Browder

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
MIDLAND/ODESSA DIVISION
UNITED STATES OF AMERICA §
§
v. § MO:25-CR-168
§
MICHAEL ALLEN BROWDER §
FINDINGS OF FACT AND RECOMMENDATION ON
FELONY GUILTY PLEA BEFORE THE U.S. MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636(b), this matter has been referred by the District Court for
administration of guilty plea and allocution under Rule 11 of the Federal Rules of Criminal
Procedure.
On December 15, 2025, this cause came before the undersigned U.S. Magistrate Judge
for Guilty Plea and Allocution of the Defendant MICHAEL ALLEN BROWDER1 on COUNT
ONE of the INDICTMENT filed herein charging him with a violation of 18 U.S.C.
§ 2252A(a)(5)(B).2 The Defendant signed a written consent to plead before the Magistrate Judge.
After conducting said proceeding in the form and manner prescribed by Federal Rule of Criminal
Procedure 11, the Court finds:
a) that the Defendant, after consultation with counsel of record, has knowingly and
voluntarily consented to the administration of the Guilty Plea and Allocution in this cause by a
U.S. Magistrate Judge subject to final approval and imposition of sentence by the District Judge;
b) that the Defendant and the Government have entered into a written plea agreement
which has been filed and disclosed in open court pursuant to FED. R. CRIM. P. 11(c)(2); and,
c) that the Defendant is fully competent and capable of entering an informed plea, that
the Defendant is aware of the nature of the charge and the consequences of the plea,3 and that the
plea of guilty is a knowing and voluntary plea supported by an independent basis in fact
1. The Defendant acknowledged that he has been charged under the true and correct name.
2. The Court extended the Defendant’s plea deadline to December 15, 2025. The Defendant’s plea is viewed as
timely as it relates to the plea bargain deadline established by the undersigned. This is not a guarantee that the
District Judge will grant acceptance of responsibility credit, but simply a finding that the Defendant’s plea was
timely for the purposes of the plea bargain deadline.
3. The Defendant was admonished as to the statutory penalty range applicable to COUNT ONE of the
INDICTMENT of up to 20 years imprisonment, a mandatory minimum 5 years up to life of supervised release, a
fine not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00), a One Hundred Dollar ($100.00) mandatory
special assessment, and a potential Five Thousand Dollars ($5,000.00) special assessment pursuant to the Victims of
Trafficking Act of 2015, 18 U.S.C. § 3014. An additional special assessment may apply pursuant to The Amy,
Vicky, and Andy Child Pornography Victim Assistance Act of 2018, 18 U.S.C. § 2259 et seq. The Defendant may
also be required to pay full restitution to any victims, if identified.
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containing each of the essential elements of the offense.4
IT IS THEREFORE the recommendation of the undersigned U.S. Magistrate Judge that
the District Court accept the guilty plea of the Defendant MICHAEL ALLEN BROWDER and
that MICHAEL ALLEN BROWDER be finally adjudged guilty of that offense.
The United States District Clerk shall serve a copy of this Proposed Findings of Fact and
Recommendation on all parties electronically. In the event that a party has not been served by the
Clerk with this Report and Recommendation electronically, pursuant to the CM/ECF procedures
of this District, the Clerk is ORDERED to mail such party a copy of this Report and
Recommendation by certified mail, return receipt requested. Pursuant to 28 U.S.C. § 636(b)(1),
any party who desires to object to this report must serve and file written objections within
fourteen (14) days after being served with a copy unless the time period is modified by the
District Judge. A party filing objections must specifically identify those findings, conclusions or
recommendation to which objections are being made; the District Judge need not consider
frivolous, conclusive or general objections. Such party shall file the objections with the Clerk of
the Court and serve the objections on the Magistrate Judge and on all other parties. A party’s
failure to file such objections to the proposed findings, conclusions and recommendation
contained in this report shall bar the party from a de novo determination by the District Judge.
Additionally, any failure to file written objections to the proposed findings, conclusions and
recommendation contained in this report within fourteen (14) days after being served with a copy
shall bar the aggrieved party from appealing the factual findings of the Magistrate Judge that are
accepted or adopted by the District Judge, except upon grounds of plain error or manifest
injustice.
It is so ORDERED.
SIGNED this 16th day of December, 2025.
RONALD C. GRIFFIN
UNITED STATES MAGISTRATE JUDGE
4. The Defendant is aware of the “Notice of Government’s Demand for Forfeiture” that is contained in the
Indictment and agreed to forfeit the named property.
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