Report and Recommendation — United States v. Bunker (Dkt. 69, D.S.D.)

Summary

A report and recommendation by United States Magistrate Judge Veronica L. Duffy in United States v. James Bunker, 4:21-CR-40056-KES, in the U.S. District Court for the District of South Dakota, Southern Division, filed November 8, 2023 as Document 69. At the change of plea hearing that day, Bunker, with counsel, consented to a plea before a magistrate judge and intended to plead guilty under a plea agreement to count 8 of the second superseding indictment, making a false statement to a financial institution under 18 U.S.C. § 1014. The report lists the maximum penalties of 30 years' imprisonment, a $1 million fine or both, finds the plea knowing and voluntary, and recommends that it be accepted.

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Case 4:21-cr-40056-KES Document 69 Filed 11/08/23 Page 1 of 2 PageID #: 225




                      UNITED STATES DISTRICT COURT

                         DISTRICT OF SOUTH DAKOTA

                                SOUTHERN DIVISION


UNITED STATES OF AMERICA,                            4:21-CR-40056-KES

                   Plaintiff,

                                             REPORT AND RECOMMENDATION
       vs.

JAMES BUNKER,

                   Defendant.



      This matter came before the court for a change of plea hearing on

Wednesday, November 8, 2023. The defendant, James Bunker, appeared in

person and by his counsel, Clint Sargent and Glenn Bruder. The United States

appeared by its Assistant United States Attorney.

      The defendant consented in open court to the change of plea before a

United States Magistrate Judge. This court finds that the defendant’s consent

was voluntary and upon the advice of counsel. The government also consented

to the plea hearing before a magistrate judge. Further, the parties waived their

right to object to the report and recommendation.

      Defendant has reached a plea agreement wherein he intends to plead

guilty to count 8 of the second superseding indictment which charges him with

making a false statement to a financial institution in violation of 18 U.S.C.

§ 1014. At the hearing, the defendant was advised of the nature of the charges

 Case 4:21-cr-40056-KES Document 69 Filed 11/08/23 Page 2 of 2 PageID #: 226




to which the defendant would plead guilty and the maximum penalties

applicable, specifically: 30 years’ imprisonment; a $1 million fine; or both; 5

years’ supervised release; an additional 3 years’ imprisonment if supervised

release is revoked; forfeiture; restitution; and a $100 special assessment.

      Upon questioning the defendant personally in open court, it is the finding

of the court that the defendant is fully competent and capable of entering an

informed plea, that the defendant is aware of the nature of the charges and the

consequences of the plea, and that his plea of guilty to count 8 of the second

superseding indictment is a knowing and voluntary plea supported by an

independent basis in fact containing each of the essential elements of the

offense. It is my report and recommendation that the defendant’s plea of guilty

be accepted and that he be adjudged guilty of that offense.

      DATED this 8th day of November, 2023.

                                      BY THE COURT:



                                      VERONICA L. DUFFY
                                      United States Magistrate Judge




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