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United States v. Then

United States District Court, D. Alaska

August 15, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
SCARLET DAWN THEN, Defendant.

          AMENDED FINAL REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY

          DEBORAH M. SMITH, CHIEF UNITED STATES MAGISTRATE JUDGE

         Upon Defendant's request to enter a guilty plea pursuant to Rule 11 of the Federal Rules of Criminal Procedure to Count 1 of the Felony Information, this matter was referred to the Magistrate Judge by the District Court, with the written consents of Defendant, counsel for Defendant, and counsel for the United States.

         Thereafter, the matter came on for a hearing on Defendant's guilty plea, in full compliance with Rule 11, Federal Rules of Criminal Procedure, before the Magistrate Judge, in open court and on the record.

         In consideration of that hearing and the allocution made by the Defendant under oath on the record and in the presence of counsel, and the remarks of the Assistant United States Attorney, A. I make the following FINDINGS - that the Defendant understands:

1. That any false statements made by the Defendant under oath may later be used against her in a prosecution for perjury;
2. The right to persist in a plea of “not-guilty”;
3. The consequence of not being a United States citizen;
4. The nature of the charge(s) against her;
5. The maximum possible sentence, including imprisonment, fine, and the effect of the supervised release term,
6. Any applicable mandatory minimum penalty;
7. The Court's authority to order restitution;
8. The Court's obligation to impose a special assessment;
9. Any applicable forfeiture;
10. The right to a speedy and public trial ...

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