USA v. Larson et al.

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
UNITED STATES OF AMERICA, 5:20-CR-50110-JLV-03
Plaintiff,
vs.
AMENDED
REPORT AND RECOMMENDATION
JUSTIN COYLE,
Defendant.
This matter came before the court for a change of plea hearing on May
20, 2022. The Defendant, Justin Coyle, appeared in person and by his court-
appointed counsel, Paul Eisenbraun, while the United States appeared by its
Assistant United States Attorney.
The defendant consented in open court to the change of plea before a
United States magistrate judge. This court finds that the defendant's consent
was voluntary and upon the advice of counsel. The government also consented
to the plea hearing before a magistrate judge. Further, the parties waived their
right to object to the report and recommendation.
Defendant has reached a plea agreement wherein he intends to plead
guilty to the Superseding Information which charges him with conspiracy to
distribute a controlled substance, in violation of 21 U.S.C. §§ 846, 841(a)(1),
and 841(b)(1)(B). At the hearing, the defendant was advised of the nature of
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the charges to which the defendant would plead guilty and the maximum
penalties applicable, specifically: a mandatory minimum of five (5) years up to
forty (40) years in prison; a $5,000,000 fine; or both; four (4) years supervised
release; three (3) additional years'imprisonment if supervised release is
revoked; a $100 special assessment; and restitution.
Upon questioning the defendant personally in open court, it is the finding
of the court that the defendant is fully competent and capable of entering an
informed plea, that the defendant is aware of the nature of the charges and the
consequences of the plea, and that his plea of guilty to the Superseding
Information is a knowing and voluntary plea supported by an independent
basis in fact containing each of the essential elements of the offense. The
defendant's guilty plea to the Superseding Information is accepted. It is my
report and recommendation that the defendant be adjudged guilty of that
offense.
DATED this 23rd day of May, 2022.
BY THE COURT:
DANETA WOLLMANN
United States Magistrate Judge
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