USA v. Poor Thunder

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CENTRAL DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
MARLOW POOR THUNDER,
Defendant.
3:22-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 Thursday, May 26, 2022. Defendant, Marlow Poor Thunder, appeared in person and
by 	his 	counsel, 	Edward 	Albright, 	while 	Plaintiff, 	United 	States 	of 	America
("Government") appeared through Carl Thunem, 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 Escape from Custody in violation of 18 U.S.C. § 751(a) and 4082.
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 custody; 250,000
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fine, or both; 3 years 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 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.
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 26th day of May, 2022.
BY THE COURT:
MARK A. MORENO
UNITED STATES MAGISTRATE JUDGE
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