USA v. White Bird

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CENTRAL DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
SHAWNDAE LYNN WHITE BIRD,
Defendant.
3:22-CR-30070-RAL
REPORT AND RECOMMENDATIONS
ON DEFENDANT'S CHANGE OF PLEA
The above-captioned matter came on before the Court for a change of plea hearing
on Thursday, September 1, 2022. 	Defendant, Shawndae Lynn White Bird, appeared in
person and by her counsel, Amanda Work , while Plaintiff, United States of America
("Government") appeared through Abby Roesler, an Assistant United States Attorney.
Defendant consented in open court to the change of plea before the Court and her
consent was knowingly and voluntarily made. The Government likewise consented to
the Court taking Defendant’s plea. Further, the parties waived their right to object to the
report and recommendation.
Defendant has reached a plea agreement with the Government wherein she
intends to plead guilty to Count 1 as contained in the Indictment . Defendant is charged
in Count 1 of the Indictment with Child Abuse in violation of 18 U.S.C. § 1153 and SDCL
26-10-1. At the hearing, Defendant was advised of the nature of the charge to which she
would plead guilty and the maximum penalty applicable, specifically: 	15 years custody;
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250,000 fine, or both; 	3 years supervised release; 	2 additional years imprisonment if
supervised release is revoked on any such revocation; $100 assessment; and restitution.
Upon questioning Defendant personally in open court, it is the finding of the Court
that Defendant is fully competent and capable of entering an informed plea, that she is
aware of the nature of the charged offense and the consequences of the plea, and that her
plea of guilty to the offense contained in Count 1 of the Indictment 	is a knowing and
voluntary plea supported by an independent basis in fact containing each of the essential
elements of the offense. It is, therefore, the Court's recommendation that the guilty plea
to Count 1 of the Indictment be accepted and that Defendant be adjudged guilty of that
offense.
It is further ORDERED that Defendant shall remain detained pending sentencing
or until further order of a judicial officer of this District as previously ordered.
DATED this 1st day of September, 2022.
BY THE COURT:
MARK A. MORENO
UNITED STATES MAGISTRATE JUDGE
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