USA v. Smith

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Case 1:25-cr-00277-BLW Document 21 Filed 11/13/25 Page1of3

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

UNITED STATES OF AMERICA, ;
Case No, 1:25-cr-00277-BL W- |

Plaintiff,
REPORT AND
v. RECOMMENDATION
MICHAEL SMITH,
Defendant.

On November 13, 2025, Defendant MICHAEL SMITH appeared before the
undersigned United States Magistrate Judge to enter a plea pursuant to a written plea
agreement. (Dkt. 13). The Defendant executed a waiver of the right to have the presiding
United States District Judge take his plea. Thereafter, the Court explained to the
Defendant the nature of the charges contained in the Information (Dkt. 2), the maximum
penalties applicable, his Constitutional rights, the impact that the Sentencing Guidelines
will have, and that the District Judge will not be bound by the agreement of the parties as
to the penalty to be imposed.

Having conducted the plea hearing and having inquired of the Defendant, defense
counsel, and counsel for the government, the Court finds there fs a factual basis for the

Defendant’s guilty plea, that it was entered voluntarily and with full knowledge of the

REPORT AND RECOMMENDATION - I

Case 1:25-cr-00277-BLW Document 21 Filed 11/13/25 Page 2of3

consequences, and that the plea should be accepted. The undersigned also ordered a pre-
sentence investigation to be conducted and a report prepared by the United States
Probation Office.

Further, having carefully considered the arguments of counsel and the evidence
presented during the hearing as well as the entire record, the Court finds that clear and
convincing evidence exists that the Defendant is not likely to flee or pose a danger to the
safety of any other person or the community if released and, therefore, the Defendant
shall be released pending sentencing subject to the Conditions of Pretrial Supervision
imposed pursuant to 18 U.S.C. § 3143(a)(E).

RECOMMENDATION

NOW THEREFORE IT IS HEREBY RECOMMENDED:

1) The District Court accept Defendant MICHAEL SMITH?’s plea of guilty to
Count One of the Information (Dkt. 2).

2) The District Court order forfeiture consistent with Defendant MICHAEL
SMITH’s admission to the Criminal Forfeiture allegation in the Information (Dkt. 2) and
the Amended Plea Agreement (Dkt. 13).

9) The District Court continue Defendant’s release pending sentencing,
subject to the standard and additional conditions of release previously imposed in the
Order Setting Conditions of Release. (Dkt. *.)

Wrilten objections to this Report and Recommendation must be filed within

fourteen (14) days pursuant to 28 U.S.C. § 636(6)(1) and Local Rule 72.1(b), or as a

REPORT AND RECOMMENDATION - 2

Case 1:25-cr-00277-BLW Document 21 Filed 11/13/25 Page 3of3

result of failing to do so, that party may waive the right to raise factual and/or legal
objections to the United States Court of Appeals for the Ninth Circuit.

DATED: November 13, 2025

a © AA es af * it
DEBORA K. GRASHAM
U.S. MAGISTRATE JUDGE

REPORT AND RECOMMENDATION - 3