USA v. Karjala et al

United States v. Karjala, et al.
Final R&R re Guilty Plea
Page 1
UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
CHRISTOPHER MILLER
Defendant.
No. 3:17-cr-00063-TMB-DMS
FINAL REPORT AND
RECOMMENDATION OF THE
MAGISTRATE JUDGE UPON A
PLEA OF GUILTY
Upon defendant Christopher Miller’s request to enter a guilty plea 	to
Count 1 – Drug Conspiracy, in violation of 21 U.S.C. §§ 846 and 841(a)(1),
(b)(1)(C), (b)(1)(D), and (b)(1)(E), and admission as to the Criminal 	Forfeiture
allegation of the Indictment pursuant to Rule 11 of 	the Federal Rules of
Criminal Procedure, this matter 	was referred to the Magistrate Judge by the
District 	Judge, with the oral consents of the Defendant, counsel 	for the
Defendant, and counsel for the United 	States.
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.
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,
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United States v. Karjala, et al.
Final R&R re Guilty Plea
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I make the following FINDINGS - that the 	Defendant understands:
1. 	The government’s right, in a prosecution for perjury or false statement,
to use against the defendant any statement that the defendant gives under oath;
2. 	The right to persist in a plea of “not guilty”;
3. 	The right to a speedy and public trial;
4. 	The right to trial by jury, or the ability to waive that right and have a
judge try the case without a jury;
5. 	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 proceeding;
6. 	The right at trial 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;
7. 	The defendant’s waiver of these trial rights if the court accepts a guilty
plea or nolo contendere;
8. 	The nature of each charge to which the defendant is pleading;
9. 	Any maximum possible penalty, including imprisonment, fine, and
term of supervised release;
10. 	Any applicable mandatory minimum penalty;
11. 	Any applicable forfeiture;
12. 	The court’s authority to order restitution [if applicable];
13. 	The court’s obligation to impose a special assessment;
14. 	In determining a sentence, the court’s obligation to calculate the
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United States v. Karjala, et al.
Final R&R re Guilty Plea
Page 3
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);
15. 	Any provision in the plea agreement whereby defendant waives the
right to appeal or to collaterally attack the conviction and sentence; and
16. 	That, if convicted, a defendant who is not a United States citizen may
be removed from the United States, denied citizenship, and denied admission to the
United States in the future.
I further find that:
17. 	The defendant is competent to enter a plea;
18. 	The defendant’s guilty plea is made knowingly and voluntarily, and did
not result from force, threats or promises (other than those made in a plea
agreement); and
19. 	There is a sufficient factual basis for Defendant’s plea.
I therefore RECOMMEND that the District Judge accept the
Defendant’s guilty plea to Count 1 – Drug Conspiracy, in violation of 21
U.S.C. §§ 846 and 841(a)(1), (b)(1)(C), (b)(1)(D), and (b)(1)(E), and
admission as to the Criminal Forfeiture allegation of the Indictment.
The sentencing hearing will be before United States District Judge Timothy
M. Burgess, on December 11, 2019 at 11:00 a.m.
Objections to these Findings and 	Recommendations are waived by the
parties if not made within 14 days of this order. If the parties waive the
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United States v. Karjala, et al.
Final R&R re Guilty Plea
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preparation of the Presentence Report, objections are due within three days of this
order.
DATED at Anchorage, Alaska, this 25 th day of September, 2019.
S/ DEBORAH M. SMITH
Chief 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 14
days. Response to the objections should be filed within 7 days after objections are
served.
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