USA v. Powers et al.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
JANEL LYNN DAVIS,
Defendant.
Case No. 1:21-cr-00008-TMB-MMS-2
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 Counts 1 and 2 of the Indictment1 and admit
to Criminal Forfeiture Allegations 1 and 2, this matter was referred to the Magistrate
Judge by the District Court, with the written2 and oral consents of Defendant,
counsel for Defendant, and counsel for the United States.
Thereafter, 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
Magistrate Judge, in open court and on the record.
1 Doc. 15.
2 Doc. 218.
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In consideration of that hearing and the allocution 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:
1. That any false statements made by the Defendant under oath may later
be used against her in a prosecution for perjury;
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 the charges against her;
5. The loss of certain federal benefits because the charges include a drug
crime;
6. The maximum possible sentence, including imprisonment, fine, and the
effect of the supervised release term;
7. Any applicable mandatory minimum penalty;
8. The Court’s authority to order restitution;
9. The Court’s obligation to impose a special assessment;
10. Any applicable forfeiture;
11. The right to a speedy and public trial by jury;
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12. 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;
13. 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;
14. The Defendant’s waiver of trial rights if the Court accepts a guilty plea;
15. That she knowingly, intelligently, and voluntarily waived her right to
appeal or collaterally attack her conviction and any sentence imposed
if it is within the range contemplated by the plea agreement; and
16. That in determining a sentence, the court’s obligation to calculate the
applicable sentencing guideline range and to consider that range
pursuant to the Sentencing Guidelines promulgated by the United
States 	Sentencing 	Commission, 	possible 	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 a plea;
2. That the plea of guilty by the Defendant has been knowingly and
voluntarily made and is not the result of force, threats, or coercion;
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United States v. Davis
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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. 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 and 2 of the Indictment which charges: Count 1 - Title 21, United
States Code, Sections 846, 841(a)(1), (b)(1)(B), and (C) – Drug Conspiracy; and
Count 2 - Title 18, United States Code, Section 924(c)(1)(A)(i) – Possession of
Firearms 	and 	Silencers 	In 	Furtherance 	of 	Drug 	Trafficking. 	I 	FURTHER
RECOMMEND 	the District Court accept the Defendant’s admission to the
Criminal Forfeiture Allegations No. 1 and 2 of the Indictment.
IT IS FURTHER ORDERED:
D. 	A Presentence Report be prepared.
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. L.Cr.R. 32.1(d).
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The Sentencing hearing will be before United States District Judge Timothy
M. Burgess. The court excludes time from March 10, 2022 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 10th day of May, 2022, at Anchorage, Alaska.
s/ Matthew M. Scoble
MATTHEW M. SCOBLE
Chief 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.
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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