USA v. Goerner

R&R re Plea of Guilty
United States v. Goerner
Case No. 3:21-cr-00102-TMB-KFR 	Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
JOHN SCOTT GOERNER,
Defendant.
Case No. 3:21-cr-00102-TMB-KFR
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 Possession of Methamphetamine,
in violation of 21 U.S.C. § 844 (a), a lesser included offense of Count 1 of the
Indictment, this matter was referred to the Magistrate Judge by the District
Court.
Thereafter, the matter came on for a hearing on Defendant’s guilty plea,
in full compliance with Rule 11, Federal Rules of Criminal Procedure, before
the Magistrate Judge, in open court and on the record. 	At the change of plea
hearing, the Magistrate Court advised Defendant of his right to proceed with
his change of 	plea 	before the District 	Court; 	Defendant 	knowingly 	and
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R&R re Plea of Guilty
United States v. Goerner
Case No. 3:21-cr-00102-TMB-KFR 	Page 2
voluntarily waived that right on the record. 	A written consent to proceed
before the Magistrate Judge was signed by Defendant and filed.
In consideration of that hearing and the allocution made by 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 Defendant understands:
1. 	That any false statements made by 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 consequences of a finding of guilty if he is not a United States
citizen;
4. The nature of the charge against him;
5. The 	maximum 	possible 	sentence, 	including 	imprisonment,
probation, fine, and the effect of the supervised release term;
6. Any applicable mandatory minimum penalty;
7. The Court’s authority to order restitution;
8. The Court’s obligation to impose a special assessment;
9. Any applicable forfeiture;
10. 	The right to a speedy and public trial by jury;
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R&R re Plea of Guilty
United States v. Goerner
Case No. 3:21-cr-00102-TMB-KFR 	Page 3
11. 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;
12. 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;
13. The Defendant’s waiver of trial rights if the Court accepts a guilty
plea or nolo contendere;
14.That Defendant 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
15. 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. 	Defendant is competent to enter a plea;
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R&R re Plea of Guilty
United States v. Goerner
Case No. 3:21-cr-00102-TMB-KFR 	Page 4
2. That the plea of guilty by 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 Defendant’s plea.
C. 	I RECOMMEND that the District Court accept Defendant’s plea of
guilty to Possession of Methamphetamine, in violation of 21 U.S.C. § 844 (a),
a lesser included offense of Count 1 of the Indictment.
IT IS FURTHER ORDERED:
D. 	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. L.Cr.R.
32.1(d).
The Sentencing hearing will be held before United States District Judge
Timothy 	M. 	Burgess 	on 	August 	16, 	2022, 	at 	11:00 	a.m. 	in 	Anchorage
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R&R re Plea of Guilty
United States v. Goerner
Case No. 3:21-cr-00102-TMB-KFR 	Page 5
Courtroom 1. The Court excludes time from May 9, 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 18th day of May 2022, at Anchorage, Alaska.
s/ Kyle F. Reardon
KYLE F. REARDON
United States Magistrate Judge
District of Alaska
NOTICE OF RIGHT TO OBJECT
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. 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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