USA v. Montelongo et al

ORDER ACCEPTING REPORT AND RECOMMENDATION ON GUILTY
PLEA AND SETTING SENTENCING SCHEDULE - 1
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
UNITED STATES OF AMERICA,

Plaintiff,

v.

RAFAEL MEDINA (5),

Defendant.

No. 1:23-CR-2039-MKD-5

ORDER ACCEPTING REPORT AND
RECOMMENDATION ON GUILTY
PLEA AND SETTING SENTENCING
SCHEDULE

ECF No. 280
On May 9, 2025, Defendant Rafael Medina (5) appeared before United
States Magistrate Judge Alexander C. Ekstrom and entered a plea of guilty to
Count 1 of the Superseding Indictment filed on August 8, 2023, charging him with
conspiracy to distribute controlled substances, in violation of 21 U.S.C.
§§ 841(a)(1), (b)(1)(A)(vi), (viii), 846. Defendant executed a written waiver of the
right to enter his plea of guilty before the presiding United States District Judge
and a written consent to proceed before a United States Magistrate Judge. ECF
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
May 27, 2025
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ORDER ACCEPTING REPORT AND RECOMMENDATION ON GUILTY
PLEA AND SETTING SENTENCING SCHEDULE - 2
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No. 279. Defendant was represented by Nicholas Marchi. Assistant United States
Attorney Courtney Pratten appeared on behalf of the United States.
United States Magistrate Judge Alexander C. Ekstrom filed a Report and
Recommendation on May 9, 2025, ECF No. 280, finding that Defendant is fully
competent and capable of entering an informed plea, that Defendant is aware of the
nature of the charges and consequences of the plea, and that the plea of guilty is
knowing, voluntary, is not induced by fear, coercion, or ignorance, and is
supported by an independent basis in fact establishing each of the essential
elements of the crime.
The Court adopts the Magistrate Judge’s Report and Recommendation, ECF
No. 280, and accepts Defendant’s plea of guilty.
Accordingly, IT IS HEREBY ORDERED:
1. Sentencing Hearing: A sentencing hearing is SET for August 11, 2025,
at 11:15 a.m., in Yakima.
a. Continuance Requests: Any requests to continue the sentencing
hearing must (1) demonstrate extraordinary circumstances, (2) be
made by written motion, (3) indicate the positions of the opposing
party and the U.S. Probation Officer on the continuance, and (4) be
filed at least three weeks before the scheduled sentencing hearing.
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Any objections to the requested continuance shall be filed no later
than 3 days after the motion to continue is filed.
b. Unless and until a requested continuance is granted, counsel should
presume that the sentencing hearing will proceed as scheduled and
prepare accordingly.
2. Custody: Defendant shall remain released to pretrial supervision
pursuant to the conditions of release previously imposed in this matter. ECF
Nos. 116, 203. If a sentence of incarceration is imposed, Defendant shall be
taken into custody at the time of sentencing.
3. PSR: The United States Probation Office shall prepare a Presentence
Investigation Report (PSR) pursuant to Fed. R. Crim. P. 32(c).
a. If defense counsel wishes to be present for the PSR interview,
defense counsel must make themselves available to attend the PSR
interview within 14 days of the change of plea hearing. If defense
counsel fails to do so, the Probation Officer is authorized to
proceed with the PSR interview without defense counsel present.
See Fed. R. Crim. P. 32(c)(2). The Probation Officer has the
discretion to extend the date of the PSR interview, but may not extend
the interview to a date that will require a continuance of the
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sentencing hearing. If defense counsel does not respond to the
Probation Officer’s communication about scheduling the interview
within three days, the Probation Officer is directed to contact and
advise chambers.
4. By the date set forth in the chart below, the Probation Officer shall
disclose the PSR to Defendant, counsel for Defendant, and the United States.
Disclosure of the PSR shall be subject to the limitations imposed by Rule 32 of the
Federal Rules of Criminal Procedure.
5. Objections to PSR: Within 14 days of the filing of the PSR, counsel
shall file any PSR objections as to legal and factual errors or omissions;
sentencing classifications; sentencing guideline ranges; and policy statements
contained in or omitted from the report. Objections shall be numbered and identify
the paragraph(s) to which the objection applies. Objections shall address the PSR
in sequential order, beginning with the lowest numbered paragraph. If an objection
is filed, the Probation Officer shall conduct such additional investigation as is
necessary to assess the merits of the objection.
6. Final PSR: The Probation Officer shall submit the final PSR to the
Court by the date set forth in the chart below. The PSR shall be accompanied by
an addendum setting forth any objections counsel made, including those that have
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not been resolved, together with the officer’s comments and recommendations
thereon. The Probation Officer shall certify that the contents of the report, other
than the sentencing recommendations, including any revisions or addenda, have
been disclosed to counsel for Defendant and the United States, and that the
addendum fairly states any remaining objections. Except with respect to any
written objection made as required above, the PSR and computations shall be
accepted by the Court as accurate. Upon a timely objection by Defendant, the
United States bears the burden of proof on any fact that is necessary to establish
the base offense level. The Court, however, for good cause shown, may allow that
a new objection be raised at any time before the imposition of sentence. In
resolving any disputed issues of fact, the Court may consider any reliable
information presented by the Probation Officer, Defendant, or the United States.
Nothing in this Order requires the disclosure of any portions of the PSR that
are not disclosable under Fed. R. Crim. P. 32. The PSR shall be deemed to have
been disclosed when the PSR is docketed on CM/ECF.
7. Sentencing Memos/Motions: By the date set forth in the chart below,
counsel shall file and serve all motions and memoranda pertaining to Defendant’s
sentence, including departures and variances, and sentencing recommendations.
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a. Initial sentencing memoranda are limited to 20 pages, absent prior
permission from the Court to file an overlength memorandum.
b. Counsel shall utilize the following format when preparing initial
sentencing memoranda:
I. Offense Level & Criminal History
II. Departures
III. 18 U.S.C. § 3553(a)
c. Under Section I. Offense Level & Criminal History, counsel shall
discuss whether the PSR’s Total Offense Level calculations (not
including departures) and Criminal History calculation are correct or
incorrect, providing legal authority for the party’s position.
d. Under Section II. Departures, counsel shall discuss whether a
downward and/or upward departure is warranted under the Guidelines
and provide legal authority for such position.
e. Under Section III. 18 U.S.C. § 3553(a), counsel shall discuss whether
the resulting guideline range provides a reasonable sentence
sufficient, but not greater than necessary to comply with the purposes
set forth in 18 U.S.C. § 3553(a)(2), considering the other factors listed
in § 3553(a).
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e. Failure to file and serve sentencing materials by this date, to
include motions for upward or downward departure, will be
deemed a waiver of the right to do so.
8. Responses: By the date set forth in the chart below, the opposing party
shall file and serve its response, limited to no more than seven (7) pages.
9. Safety Valve: If Defendant intends to qualify for the safety valve, the
parties must conduct a safety valve interview to determine if the Defendant has met
the requirements of U.S.S.G. § 5C1.2(a)(5) by the date set forth in the chart below.
10. Witnesses/Exhibits: If either party intends to call witnesses or proffer
exhibits at sentencing, witness and exhibit lists must be exchanged by the parties
and provided to the Court by the date set forth in the chart below.
11. Duration: Sentencings shall be scheduled for a total of 45 minutes. If
counsel believes that the sentencing hearing will last longer than 45 minutes,
counsel shall notify Chambers by the date set forth in the chart below to ensure that
sufficient time is scheduled.
12. Pending Motions: All pending motions pertaining to Defendant are
DENIED as moot, and all pending hearing and trial dates pertaining to Defendant,
including the current trial date of June 2, 2025, are STRICKEN from the Court’s
calendar.
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13. This Order authorizes the District Court Executive to accept
Defendant’s payment in the amount of $100 per count, for a total of $100, toward
Special Penalty Assessments.
14. Summary of Deadlines
Deadline for Defense Counsel to Attend
PSR Interview:
June 17, 2025
Draft PSR disclosed: July 1, 2025
PSR Objections filed: July 15, 2025
Final PSR filed: August 1, 2025
Motions to Continue Sentencing filed:
Objections to Continuance filed:
July 21, 2025
3 days after motion filed
Safety-Valve Interview Conducted:
(if applicable)
July 21, 2025
Sentencing Motions & Memoranda filed:
Responses filed:
July 28, 2025
August 4, 2025
Deadline to notify Chambers if sentencing
will require more than 45 minutes:
August 4, 2025
Witness Lists/Exhibit Lists filed: August 4, 2025
SENTENCING HEARING
August 11, 2025
11:15 a.m. - Yakima

IT IS SO ORDERED. The District Court Clerk is hereby directed to enter
this Order and provide copies to counsel, the United States Probation Office, and
the United States Marshals Service.
DATED May 27, 2025.
s/Mary K. Dimke
MARY K. DIMKE
UNITED STATES DISTRICT JUDGE
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