Opinion
CASE NO. CR19-0215JLR
06-02-2020
UNITED STATES OF AMERICA, Plaintiff, v. HOWIE SALETELE ALUALU, Defendant.
ORDER GRANTING MOTION TO PROCEED WITH GUILTY PLEA HEARING BY VIDEO CONFERENCING
I. INTRODUCTION
Before the court is Defendant Howie Saletele Alualu's motion to proceed with his guilty plea by video conferencing. (Mot. (Dkt. # 26).) The court has considered the motion, Plaintiff United States of America's ("the Government") opposition (Resp. (Dkt. # 27)), the record, and the applicable law. Being fully advised, the court GRANTS Mr. Alualu's motion. // //
II. BACKGROUND
Mr. Alualu's trial was set for April 13, 2020. (See 11/26/19 Order (Dkt. # 17) at 2.) However, due to the public health emergency caused by the coronavirus disease 2019 ("COVID-19") pandemic, on March 17, 2020, the United States District Court for the Western District of Washington issued General Order No. 02-20. See General Order ("GO") No. 02-20 (Mar. 17, 2020). That order continued all criminal matters scheduled prior to June 1, 2020, pending further order of the court. (See id. at 2.) On that basis, the court granted the parties' joint motion to continue the April 13, 2020, trial date. (See 1st MTC (Dkt. # 21); 3/27/20 Order (Dkt. # 22).) The court further continued the trial date based on General Order No. 07-20, which continued all criminal matters another 30 days, and set Mr. Alualu's status hearing for July 1, 2020. See GO No. 07-20 (Apr. 13, 2020); (4/24/20 Order (Dkt. # 24)). This district subsequently issued General Order No. 08-20 on May 13, 2020, which continued criminal in-person hearings and trial dates until at least August 3, 2020. GO No. 08-20 (May 13, 2020).
In the meantime, the parties reached an agreement to resolve this case. (See Mot. at 1; Resp. at 2.) The parties' agreement requires Mr. Alualu to plead guilty as charged to the charge of Felon in Possession of a Firearm in exchange for the Government's agreement to recommend no more than the low end of the sentencing guidelines range. (See Resp. at 2.) Mr. Alualu now asks the court to set a plea hearing that the parties may attend remotely by video conference so that he can enter the plea contemplated by the parties' agreement. (See Mot. at 3.) //
III. ANALYSIS
The Federal Rules of Criminal Procedure make no provision for a defendant to enter a guilty plea except while in open court. See generally Fed. R. Crim. P. Due to the COVID-19 pandemic and the public health emergency, Congress enacted the Coronavirus Aid, Relief, and Economic Safety Act ("CARES Act"), which provides that certain criminal proceedings may proceed by video teleconferencing during the COVID-19 national emergency, including a guilty plea in a felony case. See CARES Act § 15002. To do so, the Judicial Conference of the United States first must find that the COVID-19 emergency will materially affect the functioning of the federal courts generally or a particular court. Id. § 15002(b)(2)(A). It has done so. See Administrative Office of the United States Courts, Judiciary News, Judiciary Authorizes Video/Audio Access During COVID-19 Pandemic (Mar. 31, 2020), https://www.uscourts.gov/news/2020/03/31/judiciary-authorizes-videoaudio-access-during-covid-19-pandemic.
On March 30, 2020, Chief Judge Ricardo S. Martinez fulfilled the second requirement of the CARES Act for permitting guilty plea hearings via video teleconferencing when he entered a finding "that felony pleas under Rule 11 of the Federal Rules of Criminal Procedure and felony sentencings under Rule 32 of the Federal Rules of Criminal Procedure cannot be conducted in person without seriously jeopardizing public health and safety." See GO No. 04-20 (Mar. 30, 2020) at 2; see also CARES Act § 15002(b)(2)(A). //
Third, the CARES Act requires that the district court in the particular case must find "for specific reasons that the plea . . . in that case cannot be further delayed without serious harm to the interests of justice." See CARES Act § 15002(b)(2)(A); see also GO No. 04-20. Accordingly, the court finds that because Mr. Alualu and the Government have reached an agreement concerning his plea, the plea hearing in this case "cannot be further delayed without serious harm to the interests of justice." See CARES Act § 15002(b)(2)(A). Absent intervention, Mr. Alualu would not be able to participate in a guilty plea hearing until at least August 3, 2020, see GO No. 08-20 at 2, despite having had his April 13, 2020, trial date stricken due to the COVID-19 emergency (see 3/27/20 Order). Accordingly, the court GRANTS Mr. Alualu's motion to proceed with his guilty plea hearing via remote means. The Government and Mr. Alualu request that the hearing be conducted via a video conference instead of merely via a teleconference. (See Mot. at 2; Resp. at 4.) The court agrees and so ORDERS. The court further ORDERS that Mr. Alualu's guilty plea hearing be conducted before a Magistrate Judge and that the Clerk set the video teleconference hearing as soon as is practicable. // // // // // // //
IV. CONCLUSION
Based on the foregoing analysis, and within the specific parameters set forth above, the court GRANTS Mr. Alualu's motion to proceed with a guilty plea hearing via video conference before a Magistrate Judge (Dkt. # 26).
Dated this 2nd day of June, 2020.
/s/_________
JAMES L. ROBART
United States District Judge