USA v. Smith

ORDER ADOPTING REPORT AND RECOMMENDATION - 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
UNITED STATES OF AMERICA,
Plaintiff,
v.
MICHAEL SMITH,
Defendant.
Case No. 1:25-cr-00277-BLW
ORDER ADOPTING REPORT
AND RECOMMENDATION
Before the Court is a Report and Recommendation filed by the United States
Magistrate Judge (Dkt. 21). On November 13, 2025, Defendant appeared before
the Magistrate Judge to enter a change of plea pursuant to a written plea
agreement. The Magistrate Judge conducted the plea hearing and concluded there
is a factual basis for Defendant’s admission to forfeiture and plea of guilty to the
charges contained in Count One of the Information (Dkt. 2), and that it was entered
voluntarily and with full knowledge of the consequences. No objections to the
Report and Recommendation have been filed.
The Court now has reviewed the record, and finds that the requirements of
Rule 11 have been met. See United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir.
2003). Specifically, the Court finds that the Magistrate Judge adhered to the
requirements of Rule 11(b); that under Rule 11(b)(2), the Defendant’s plea was
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ORDER ADOPTING REPORT AND RECOMMENDATION - 2
voluntary and not the result of force or threats or promises apart from the plea
agreement; and that a factual basis for the plea exists. See id. Accordingly,
NOW THEREFORE IT IS HEREBY ORDERED that the Report and
Recommendation (Dkt. 21) shall be, and the same is hereby, ADOPTED as the
decision of the District Court and incorporated fully herein by reference.
IT IS FURTHER ORDERED that the Defendant’s plea of guilty to the
crimes charged in Count One of the Information (Dkt. 2) shall be, and the same is
hereby, ACCEPTED by the Court as a knowing and voluntary plea supported by
an independent basis in fact containing each of the essential elements of the
offense.
IT IS FURTHER ORDERED that Defendant is found GUILTY as to the
applicable crimes charged in Count One of the Information. (Dkt 2).
DATED: January 2, 2026
_________________________
B. Lynn Winmill
U.S. District Court Judge
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