USA v. Davis et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
DELMAR KENNETH SPENCER,
Defendant.
Case No. 3:21-cr-00012-SLG-MMS
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 282. Pursuant to Rule 11
of the Federal Rules of Criminal Procedure, this matter was referred to the
Honorable Magistrate Judge Matthew M. Scoble by the District Court, with the
written consents of Defendant, counsel for Defendant, and counsel for the United
States.1 A proposed change of plea hearing was held before the magistrate judge
at which Defendant entered a guilty plea to Count 2s of the Second Superseding
Indictment, Possession with Intent to Distribute, which is a violation of 21 U.S.C. §
841(a)(1); Count 3s of the Second Superseding Indictment, Possession with Intent
to Distribute, which is a violation of 21 U.S.C. § 841(a)(1); and Count 7s of the
Second Superseding Indictment, Felon in Possession of a Firearm, which is a
1 Docket 298.
Case 3:21-cr-00012-SLG-MMS Document 322 Filed 03/23/22 Page 1 of 2

Case No. 3:21-cr-00012-SLG-MMS, United States v. Spencer
Order Re Final Report and Recommendation of the Magistrate Judge Upon a Plea of Guilty
Page 2 of 2
violation of 18 U.S.C. § 922(g)(1).2 Defendant admitted Criminal Forfeiture
Allegations 1 and 2.
Judge Scoble issued a Final Report and Recommendation at Docket 317,
in which he recommended that the District Court accept Defendant’s pleas of guilty
to Counts 2s 3s, and 7s of the Second Superseding Indictment and admissions to
Criminal Forfeiture Allegations 1 and 2. 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 pleas of guilty
to Count 2s (Possession with Intent to Distribute), Count 3s (Possession with Intent
to Distribute), and Count 7s (Felon in Possession), of the Second Superseding
Indictment and admissions to Criminal Forfeiture Allegations 1 and 2. Defendant
is adjudged GUILTY of Counts 2s, 3s, and 7s. An Imposition of Sentence hearing
has been scheduled for May 13, 2022, at 10:00 a.m. in Anchorage Courtroom
3.
DATED this 23rd day of March, 2022, at Anchorage, Alaska.
/s/_Sharon L Gleason_____
UNITED STATES DISTRICT JUDGE
2 Docket 296.
Case 3:21-cr-00012-SLG-MMS Document 322 Filed 03/23/22 Page 2 of 2