United States v. Schroeder

Full title: UNITED STATES OF AMERICA, Plaintiff, v. JOSHUA JAY SCHROEDER, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION

Date published: Aug 24, 2020

CR 20-09-BU-DLC (D. Mont. Aug. 24, 2020)

Opinion

CR 20-09-BU-DLC

08-24-2020

UNITED STATES OF AMERICA, Plaintiff, v. JOSHUA JAY SCHROEDER, Defendant.

Kathleen L. DeSoto United States Magistrate Judge

FINDINGS AND RECOMMENDATION CONCERNING PLEA

The Defendant, by consent, has appeared before me under Fed. R. Crim. P. 11 and has entered a plea of guilty to one count of conspiracy to possess with the intent to distribute methamphetamine in violation of 21 U.S.C. § 846, one count of prohibited person in possession of firearms in violation of 18 U.S.C. § 922(g)(1), and one count of conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(h), as set forth in the Superseding Information. Defendant further agrees to the forfeiture allegation.

After examining the Defendant under oath, I have made the following determinations:

1. That the Defendant is fully competent and capable of entering an informed and voluntary plea to the criminal offenses charged against him, and an informed and voluntary admission to the allegation of forfeiture;

2. That the Defendant is aware of the nature of the charges against him and the consequences of pleading guilty to the charges;

3. That the Defendant understands the allegation of forfeiture and the consequences of admitting to the allegation;

4. That the Defendant fully understands his constitutional rights, and the extent to which he is waiving those rights by pleading guilty to the criminal offenses charged against him, and admitting to the allegation of forfeiture;

5. That both his plea of guilty to the criminal offenses charged against him and his admission to the allegation of forfeiture are knowingly and voluntarily entered, and are both supported by independent factual grounds sufficient to prove each of the essential elements of the criminal offenses charged and the legal basis for the forfeiture.

The Court further concludes that the Defendant had adequate time to review the Plea Agreement with counsel, that he fully understands each and every provision of the agreement and that all of the statements in the Plea Agreement are true. Therefore, I recommend that the Defendant be adjudged guilty of the offenses charged in the Superseding Information, and that sentence be imposed. I further recommend the agreed forfeiture be imposed against Defendant.

This report is forwarded with the recommendation that the Court defer a decision regarding acceptance until the Court has reviewed the Plea Agreement and the presentence report.

DATED this 24^th day of August, 2020.

/s/_________

Kathleen L. DeSoto

United States Magistrate Judge