USA v. Vladic et al

OCR transcription for search; preserved printed pages are authoritative

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

UNITED STATES OF AMERICA,
Plaintiff,

VS.

NICHOLAS ALEXANDER SKAGGS,

Defendant.

CR 26-45-BLG-WWM-2

ORDER ADOPTING FINDINGS
AND RECOMMENDATION AND
SETTING SENTENCING
HEARING

Defendant Skaggs entered a plea of guilty in open court before United States
Magistrate Judge Timothy J. Cavan on September 24, 2026. Judge Cavan entered
findings and a recommendation in this matter on September 24, 2026. 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
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 Skaggs' guilty
plea after Defendant appeared before him pursuant to Federal Rule of Criminal

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Procedure 11 and entered his plea of guilty to charges the crime of conspiracy to
possess with the intent to distribute an analogue of Fentanyl-Carfentanil, in
violation of 21 U.S.C. § 846, as set forth in Count 1 of the Indictment filed against
him.

The Court finds no clear error in Judge Cavan's findings and
recommendation (Doc. 94). Accordingly:

IT IS HEREBY ORDERED that Judge Cavan's findings and
recommendation are adopted in full.

Therefore, IT IS HEREBY ORDERED that Defendant Skaggs' motion to
change plea (Doc. 78) is granted. Defendant Skaggs is adjudged guilty as to
Count 1 of the Indictment.

IT IS FURTHER ORDERED that:

1\.
Sentencing is set for Friday, January 29, 2027, at 3:45 p.m. in the
James F. Battin Courthouse in Billings.

2\.
The United States Probation Office shall conduct a presentence
investigation and prepare a presentence report. Fed. R. Crim. P. 32(c), (d);
18 U.S.C. § 3552(a).

3\.
Following completion of the presentence report, the probation officer
shall disclose the report (excepting any recommendations of the probation officer)

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# Case 1:26-cr-00045-WWM Document 95 Filed 10/09/26 Page 3 of 5

to the Defendant, counsel for the Defendant, and counsel for the government on or
before December 18, 2026. The probation officer shall not disclose any
recommendation made or to be made to the Court.

4\. In accordance with USSG § 6A1.2, after receipt of the presentence
report and no later than December 31, 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.

5\.
The Defendant shall present the probation officer with a written letter
of acceptance of responsibility, if any, no later than December 31, 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).

6\.
The presentence report, in final form, shall be delivered to the Court
and the parties no later than January 14, 2027.

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7\.
No later than January 20, 2027, a party may file a sentencing
memorandum to aid the Court.

8\. If objections are made to the draft presentence report by one or both
parties that are not resolved, the objections and relevant facts and law pertaining to
them shall be addressed in a sentencing memorandum. The Court will resolve
disputes in accordance with U.S.S.G. § 6A1.3 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 January 22, 2027, 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.

10\. If the Defendant wishes to file letters of support, they shall be filed on
or before January 22, 2027.

11\. Any responses to sentencing memoranda shall be filed on or before
January 26, 2027.

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

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DATED this 9th day of October, 2026

nunes

WILLIAM W. MERCER
UNITED STATES DISTRICT JUDGE