USA v. Davis et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
Defendant.
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 of the Dkt ,
this matter was referred to the Magistrate Judge by the District Court with the written
Guilty Plea to Charge(s)
Lesser Included Offense:
No
Yes: of count ________
Admit Forfeiture:
Charging Instrument: Docket Number
Plea Agreement: Docket Number
Count(s)
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Final R&R re Plea of Guilty
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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,
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 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;
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Final R&R re Plea of Guilty
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☒ 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;
☒ 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 her 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 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.
5. That there is a factual basis for the Defendant’s plea.
Any agreements or promises which induced the plea of guilty are set forth in
the written plea agreement or on the record; and
No plea agreement, this is an open plea;
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Final R&R re Plea of Guilty
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C. I RECOMMEND that the District Court accept the Defendant’s plea of
guilty to of the
☐ I FURTHER RECOMMEND the District Court accept the Defendant’s
admission to Criminal Forfeiture Allegation(s)
//
//
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 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 , in Anchorage, Alaska
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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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