USA v. Williamson-Burke et al

OCR transcription for search; preserved printed pages are authoritative

Case 1:25-cr-00092-WWM Document 33 Filed 11/18/25 Page1lof5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
vs.

CRYSTAL DAWN WILLIAMSON-
BURKE,

Defendant.

CR 25-92-BLG-WWM

ORDER ADOPING FINDINGS
AND RECOMMENDATION
AND SETTING SENTENCING

Defendant Crystal Dawn Williamson-Burke entered a plea of guilty in open

court before United States Magistrate Judge Timothy J. Cavan on November 3,

2025. Judge Cavan entered Findings and Recommendation in this matter on

November 3, 2025. Neither party objected and, therefore, they are not entitled to

de novo review of the record. 28 U.S.C. § 636(b)(1); United States v. Reyna-

Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

This Court reviews the Findings and Recommendation for clear error.

McDonnell Douglas Corp. v. Commodore Bus. Mach. Inc., 656 F.2d 1309, 1313

(9th Cir. 1981). Clear error exists if the Court is left with a “definite and firm

Case 1:25-cr-00092-WWM Document 33 Filed 11/18/25 Page2of5

conviction that a mistake has been committed.” United States v. Syrax, 235 F.3d
422, 427 (9th Cir. 2000).

Judge Cavan recommended that this Court accept Defendant Williamson-
Burke’s guilty plea after Defendant appeared before him pursuant to Federal Rule
of Criminal Procedure 11 and entered her plea of guilty to possession with intent to
distribute fentanyl, a violation of 21 U.S.C. § 841(a)(1), as set forth in Count 2 of
the Indictment filed against her.

I find no clear error in Judge Cavan’s Findings and Recommendation
(Doc. 31). Accordingly:

IT IS HEREBY ORDERED that Judge Cavan’s Findings and
Recommendation are ADOPTED IN FULL;

Therefore,

IT IS HEREBY ORDERED that Defendant Williamson-Burke’s motion to
change plea (Doc. 20) is GRANTED. Defendant Williamson-Burke is adjudged
guilty as charged in Count 2 of the Indictment.

IT IS FURTHER ORDERED that:

1. Sentencing is set for Thursday, February 26, 2026, at 9:00 A.M. in the

James F. Battin Courthouse, 2601 Second Avenue North, Billings, Montana.

2. The United States Probation Office shall conduct a presentence investigation

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and prepare a presentence report. Fed. R. Crim. P. 32(c), (d); 18 U.S.C.

§ 3552(a).

. Following completion of the presentence report, the probation officer shall
disclose the report (excepting any recommendations of the probation officer)
to the Defendant, counsel for the Defendant, and counsel for the government
on or before January 22, 2026. The probation officer shall not disclose any
recommendation made or to be made to the Court.

. If restitution is mandatory, the probation officer shall consider a payment
plan for Defendant and shall make recommendations to the Court
concerning interest and a payment schedule.

. In accordance with USSG § 6A1.2, after receipt of the presentence report
and no later than January 30, 2026, counsel for each party shall present to
the probation officer, in writing, any objections to be relied upon at
sentencing and, if there is a dispute over any material in the presentence
report, counsel shall meet with the probation officer and attempt to resolve
disputes informally by diligent good faith effort. Any requests for
extensions of time to present objections to the probation officer must be
granted by the Court. Extensions will not be granted absent compelling

reasons.

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6. The Defendant shall present the probation officer with a written letter of
acceptance of responsibility, if any, no later than January 30, 2026. Late
acceptance letters will not be considered without leave of Court. But see
Fed. R. Crim. P. 32(i)(4)(A)(ii) (recognizing that the Defendant has the right
to address the Court orally at sentencing).

7. The presentence report, in final form, shall be delivered to the Court and the
parties no later than February 9, 2026.

8. If the objections made pursuant to J 5 are not resolved and counsel wishes
the Court to address them, the objecting party shall submit all unresolved
objections and a sentencing memorandum to the Court no later than
February 16, 2026. The Court will resolve disputes in accordance with
§ 6A1.3 of the guidelines at the sentencing hearing.

9. If either party intends to have witnesses testify at sentencing, the party must
notify the Court and the opposing party, by filing a separate notification
document, no later than February 16, 2026, of the identity of the witness as
well as the scope, purpose, and anticipated duration of the intended
testimony. The requirement that the opposing party be notified of any
intended testimony applies regardless of the language of Rule 17(b)

contemplating ex parte application for witness subpoenas. Any victim of the

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Defendant’s criminal conduct must be given an opportunity to testify, see
Fed. R. Crim. P. 32(i)(4)(B); therefore, the notice provision may not serve to
preclude testimony from victims.

10. Without leave of Court, the Defendant may file no more than ten (10) letters
of support. Defendants wishing to file more than ten (10) letters must first
seek leave of Court explaining why a greater number is necessary. Letters in
support shall be filed on or before February 16, 2026.

11. Any responses to sentencing memoranda shall be filed on or before
February 20, 2026.

12. Reply briefs will not be accepted for filing in sentencing matters.

The Clerk of Court is directed to notify the parties of the making of this
Order.

DATED this 18" day of November, 2025.

WILLIAM W. MERCER
UNITED STATES DISTRICT JUDGE