USA v. Menard

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CENTRAL DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
FREMONT MENARD,
Defendant.
3:22-CR-30018-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 Thursday, December 8, 2022. Defendant, Fremont Menard, appeared in person and
by his counsel, Amanda Work , while Plaintiff, United States of America ("Government")
appeared through Kirk Albertson , 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 Superseding Information . 	Defendant is
charged in Count 1 of the Superseding Information 	with Sexual Abuse of a Minor in
violation of 18 U.S.C. §§ 1153, 2243(a), and 2246(2). 	At the hearing, Defendant was
advised of the nature of the charge to which he would plead guilty and the maximum
penalty applicable, specifically: 	15 years custody; 250,000 fine, or both; 5 years up to life
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supervised release; 2 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 Superseding Information 	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 Superseding Information 	be accepted and that
Defendant be adjudged guilty of that offense.
It is further ORDERED that Defendant shall remain detained pending sentencing
or until further order of a judicial officer of this District as previously ordered.
DATED this 8th day of December, 2022.
BY THE COURT:
MARK A. MORENO
UNITED STATES MAGISTRATE JUDGE
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