USA v. Karjala et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
CHRISTOPHER BRANDON MILLER,
Defendant.
Case No. 3:17-cr-00063-TMB-SAO
FINAL REPORT AND
RECOMMENDATION OF THE
MAGISTRATE JUDGE
ADMISSION
TO VIOLATIONS
Upon Defendant's request to enter an admission, pursuant to Rule 32.1 of the
Federal Rules of Criminal Procedure and 18 U.S.C. § 3583, to Violations 1-3 of the
Petition [Doc. 691], this matter came before the Magistrate Judge, with written
consent of Defendant, counsel for Defendant, and counsel for the United States for
a hearing on Defendant’s admissions, in open court and on the record.
With the advice of counsel, Defendant is entering an admission to Violations
1-3 of the Petition at Doc. 691 in exchange for a recommended sentence of one year
and one day by the Assistant United States Attorney. 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,
Case 3:17-cr-00063-TMB Document 713 Filed 09/25/23 Page 1 of 3

Final R&R re Admission to Petition to Revoke Supervised Release [Doc. 691]
Page 2
A. I make the following FINDINGS – that the Defendant understands:
☒ That any false statements made by the Defendant under oath may
later be used against him in a prosecution for perjury;
☒ The nature of the allegations against the Defendant;
☒ The right to deny the allegations;
☒ The right to be represented by counsel and, if necessary, to have the
court appoint counsel at proceedings, and at every other stage of the
proceedings.
☒ The consequences of not being a United States citizen;
☒ The maximum statutory penalties and advisory guideline range
pursuant to the Sentencing Guidelines that may be imposed by the
District Judge;
☒ The right to an evidentiary hearing;
☒ The right to appeal the findings from an evidentiary hearing; and
☒ waiver of the right to an evidentiary hearing and appellate rights.
B. I further FIND that:
1. The Defendant is competent to enter informed admissions;
2. The Defendant is aware of his rights and has had the advice of legal
counsel;
3. That the admissions by the Defendant have been knowingly and
voluntarily made and are not the result of force, threats, or coercion;
and
4. That there is a factual basis for the Defendant’s admission to each of
the allegations.
Case 3:17-cr-00063-TMB Document 713 Filed 09/25/23 Page 2 of 3

Final R&R re Admission to Petition to Revoke Supervised Release [Doc. 691]
Page 3
C. I RECOMMEND that:
1. the District Judge accept the Defendant’s admissions to Violations 1-3 of
the Petition (Doc. 691); and
2. the District Judge set a disposition hearing between 3 weeks - 30 days, as
requested by the Probation Officer, without objection from the defense
counsel, Defendant. or the Assistant United States Attorney.
D. IT IS ORDERED:
The Disposition hearing will be before United States District Judge Timothy
M. Burgess at a date and time to be issued.
DATED this 22nd of September 2023, at Fairbanks, Alaska.
s/ Scott A. Oravec
SCOTT A. ORAVEC
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
three (3) days from the date of service of this Report and Recommendation. 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).
Case 3:17-cr-00063-TMB Document 713 Filed 09/25/23 Page 3 of 3