USA v. Sathre et al

United States v. Amber Reigh Leslie Schultz
3:20-cr-00043-SLG-DMS
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.
AMBER REIGH LESLIE SCHULTZ,
Defendant.
Case No. 3:20-cr-00043-SLG-DMS
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 to Count Two of the Indictment, and the
defendant’s consent to plead before a Magistrate Judge contained in the plea
agreement, this matter was referred to the Magistrate Judge by the District Court,
with the additional written consents of Defendant, counsel for 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
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 her in a prosecution for perjury;
2. 	The right to persist in a plea of “not-guilty”;
3. 	The consequence of not being a United States citizen;
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United States v. Amber Reigh Leslie Schultz
3:20-cr-00043-SLG-DMS
Final R&R re Plea of Guilty
Page 2
4. 	The nature of the charge against her;
5. 	The maximum possible sentence, including imprisonment, fine, and the
effect 	of 	the 	supervised 	release 	term, 	including 	the 	applicable
mandatory minimum term of supervised release;
6. 	The 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;
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; and
14. That she knowingly, intelligently and voluntarily waived her right to
appeal or collaterally attack her 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. 	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;
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United States v. Amber Reigh Leslie Schultz
3:20-cr-00043-SLG-DMS
Final R&R re Plea of Guilty
Page 3
3. 	Any agreements or promises which induced the plea of guilty are set
forth in the written plea agreement, on the record, or in the Notice of
Supplement filed on October 28, 2020; and
4. 	That there is a sufficient factual basis for the Defendant’s plea.
C. 	I RECOMMEND that the District Court accept the Defendant’s plea of
guilty to Count Two of the Indictment, which charges a violation of Title 21 United
States Code Sections 841(a)(1) and (b)(1)(B).
D. 	I FURTHER RECOMMEND the District Court vacate the Final
Pretrial Conference and Trial by Jury dates.
E. 	I FURTHER RECOMMEND granting the Defense request not to
schedule the Imposition of Sentence from January 4-8, 2021 because of a scheduling
conflict.
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. LCrR 32.1(d);
The Sentencing hearing will be before United States District Judge Sharon
Gleason. The court excludes time from October 28, 2020 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 30th day of October, 2020.
s/ Scott A. Oravec
SCOTT A. ORAVEC
United States Magistrate Judge
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United States v. Amber Reigh Leslie Schultz
3:20-cr-00043-SLG-DMS
Final R&R re Plea of Guilty
Page 4
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. The shortened
objection deadline is necessary due to the looming trial date/ to the request of the
District Court Judge. 	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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