USA v. Shanholtzer

United States v. Nelson
3:19-cr-00112-TMB-SAO
Final R&R re Plea of Guilty
Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
MARVIN NELSON,
Defendant.
Case No. 3:19-cr-00112-TMB-SAO
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, this matter was referred to the Magistrate
Judge by the District Court. The Defendant, with the advice of counsel, being fully
advised of his right to proceed before a District Judge consented to plead before a
Magistrate Judge on the record and in writing.
On January 10, 2022, the Defendant, his counsel, and counsel for the United
States, in full compliance with Rule 11 and the Federal Rules of Criminal Procedure,
came before the undersigned United States Magistrate Judge, in open court and on
the record.
In consideration of that hearing and the allocution made by the Defendant
under oath on the record and in the presence of counsel, and the remarks of the
Assistant United States Attorney,
A. I make the following FINDINGS – that the Defendant understands:
1. That any false statements made by the Defendant under oath may later
be used against him in a prosecution for perjury;
2. The right to persist in a plea of “not-guilty”;
3. The nature of the charges against him;
Case 3:19-cr-00112-JMK-SAO Document 520 Filed 01/12/22 Page 1 of 3

United States v. Nelson
3:19-cr-00112-TMB-SAO
Final R&R re Plea of Guilty
Page 2
4. The maximum possible sentence, including imprisonment, fine, and the
effect of the supervised release term,
5. Any applicable mandatory minimum penalty;
6. The Court’s authority to order restitution;
7. The Court’s obligation to impose a special assessment;
8. Any applicable forfeiture;
9. The right to a speedy and public trial by jury;
10. 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;
11. 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;
12. The Defendant’s waiver of trial rights if the Court accepts a guilty plea
or nolo contendere; and
13. That he knowingly, intelligently and voluntarily waived his right to
appeal or collaterally attack his conviction and any sentence imposed if
it is within the range permitted by the plea agreement; and
14. That in determining a sentence, the court’s obligation to calculate the
applicable sentencing guideline range and to consider that range,
possible departures under the Sentencing Guidelines, and other
sentencing factors 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 or threats or coercion;
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 sufficient factual basis for the Defendant’s plea.
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United States v. Nelson
3:19-cr-00112-TMB-SAO
Final R&R re Plea of Guilty
Page 3
C. I RECOMMEND that the District Court accept the Defendant’s plea of
guilty to a lesser included offense of Count Two of the First Superseding Indictment,
Drug Conspiracy, a violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B) and 846.1
D. I FURTHER RECOMMEND the District Court vacate the Final Pretrial
Conference and Trial by Jury dates.
IT IS FURTHER ORDERED:
E. 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. LCrR 32.1(d);
The Sentencing hearing will be held before United States District Judge
Timothy M. Burgess. The Court excludes time from January 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 12th day of January, 2022, 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 five
(5) 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).
1 Count Two of the First Superseding Indictment, Drug Conspiracy, charged a
violation of 21 U.S.C. §§ 841(a)(1), and (b)(1)(A) and 846.
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