USA v. Garreau

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CENTRAL DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
ALLEN MICHAEL GARREAU,
Defendant.
3:21-CR-30050-RAL
REPORT AND RECOMMENDATIONS
ON DEFENDANT'S CHANGE OF PLEA
The above-captioned matter came on before the Court for a change of plea hearing
on Wednesday, October 5, 2022. Defendant, Allen Michael Garreau, appeared in person
and by his counsel, Jana Miner, while Plaintiff, United States of America ("Government")
appeared through Meghan Dilges, an Assistant United States Attorney.
Defendant consented in open court to the change of plea before the Court and his
consent was knowingly and voluntarily made. The Government likewise consented to
the Court taking Defendant’s plea. Further, the parties waived their right to object to the
report and recommendation.
Defendant has reached a plea agreement with the Government wherein he intends
to plead guilty to Count 1 as contained in the Indictment . Defendant is charged in Count
1 of the Indictment with Possession with Intent to Distribute a Controlled Substance in
violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). 	At the hearing, Defendant was
advised of the nature of the charge to which he would plead guilty and the maximum
penalty applicable, specifically: 	5 years up to life custody; 5,000,000 fine, or both; 4 years
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up to life supervised release; 	5 additional years imprisonment if supervised release is
revoked on any such revocation; $100 assessment; and restitution.
Upon questioning Defendant personally in open court, it is the finding of the Court
that Defendant is fully competent and capable of entering an informed plea, that he is
aware of the nature of the charged offense and the consequences of the plea, and that his
plea of guilty to the offense contained in Count 1 of the Indictment 	is a knowing and
voluntary plea supported by an independent basis in fact containing each of the essential
elements of the offense. It is, therefore, the Court's recommendation that the guilty plea
to Count 1 of the Indictment be accepted and that Defendant be adjudged guilty of that
offense.
The Court having found, based on the findings made on the record, that
exceptional reasons exist to justify Defendant’s continued release and orders that
Defendant shall remain released as previously ordered pending acceptance of the plea by
the District Court. 	Thereafter, the Court recommends that Defendant be allowed to
remain released pending sentencing.
DATED this 5th day of October, 2022.
BY THE COURT:
MARK A. MORENO
UNITED STATES MAGISTRATE JUDGE
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