USA v. Walker

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
BILLY MICHAEL WALKER,
Defendant.
Case No. 3:20-cr-00068-SLG-DMS
REPORT AND RECOMMENDATION
OF THE MAGISTRATE JUDGE
UPON A PLEA OF GUILTY
Upon Defendant's request to enter a guilty plea to Count 1 of the Indictment:
Felon in Possession of Firearm, in violation of 18 U.S.C. § 922(g)(1) and 924 (a)(2),
pursuant to Rule 11 of the Federal Rules of Criminal Procedure, this matter was
referred to the Magistrate Judge by the District Court, with the written and oral
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 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, 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;
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United States v. Walker
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R&R re Plea of Guilty
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2. 	The right to persist in a plea of not guilty;
3. 	The nature of the charges against him;
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;
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 contemplated 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
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United States v. Walker
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R&R re Plea of Guilty
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pursuant to the Sentencing Guidelines promulgated by the United
States 	Sentencing 	Commission, 	possible 	departures 	under 	the
Sentencing Guidelines, and variances 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, 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 and the
factual basis is in conformity with Rehaif v. United States, 139 S.Ct.
2191 (2019).
C. 	I RECOMMEND that the District Court accept the Defendant’s plea of
guilty to Count 1 of the Indictment: Felon in Possession of a Firearm, in violation of
18 U.S.C. §§ 922(g)(1) and 924(a)(2). 	As part of the plea bargain, the Government
agrees to dismiss Count 2 of the Indictment at the time of sentencing. I FURTHER
RECOMMEND the District Court vacate the Final Pretrial Conference date and
Trial by Jury Date.
/ / /
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United States v. Walker
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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
Sharon L. Gleason on February 11, 2021 at 12:00 p.m. in Virtual Courtroom 2.
The Court excludes time from November 6, 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 18 th day of November, 2020, at Anchorage, Alaska.
s/ Deborah M. Smith
Deborah M. Smith
CHIEF U.S. MAGISTRAGE 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 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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