Report and Recommendation — United States v. Anderson (Dkt. 12, D. Idaho)

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A report and recommendation by Chief U.S. Magistrate Judge Raymond E. Patricco in United States v. Nels C. Anderson, Case No. 4:22-cr-00237-BLW, in the U.S. District Court for the District of Idaho, dated and filed November 9, 2022 as Document 12. That day the defendant entered a change of plea under a written plea agreement after waiving his right to have the district judge take the plea. The magistrate judge finds a factual basis and a voluntary, informed plea, recommends that it be accepted, and orders a presentence report.

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Case 4:22-cr-00237-BLW Document 12 Filed 11/09/22 Page 1 of 2



                   IN THE UNITED STATES DISTRICT COURT
                        FOR THE DISTRICT OF IDAHO



UNITED STATES OF AMERICA,              )
                                       )
     Plaintiff,                        )                Case No. 4:22-cr-00237-BLW
                                       )
v.                                     )                REPORT AND
                                       )                RECOMMENDATION
NELS C. ANDERSON,                      )
                                       )
     Defendant.                        )
 _____________________________________)

      On November 9, 2022, Defendant appeared before the undersigned United States

Magistrate Judge to enter a change of plea pursuant to a written plea agreement.

Defendant executed a written waiver of the right to have the presiding United States

District Judge take his change of plea. Thereafter, the Court explained to Defendant the

nature of the charges, the maximum penalties applicable, his constitutional rights, the

effect of the Sentencing Guidelines, and that the District Judge would not be bound by

any agreement of the parties as to the penalty to be imposed. Further, the undersigned

ordered a pre-sentence report.

      Having conducted the change of plea hearing and having inquired of Defendant

and his counsel, and counsel for the United States, the Court concludes that there is a

factual basis for Defendant’s plea of guilty, and that it was entered voluntarily and with

full knowledge of the consequences, and that the plea should be accepted. The

undersigned also ordered a pre-sentence investigation to be conducted and a report

prepared by the United States Probation Office.

REPORT AND RECOMMENDATION - 1

         Case 4:22-cr-00237-BLW Document 12 Filed 11/09/22 Page 2 of 2


      Further, having carefully considered the arguments of counsel and the evidence

presented on the record, the Court finds that, pursuant to 18 U.S.C. § 3143(a)(1), clear

and convincing evidence exists that the Defendant is not likely to flee or pose a danger to

the safety of any other person or the community if released, and accordingly, the

Defendant shall remain released pending sentencing subject to previously imposed

Conditions of Pretrial Supervision.

                                  RECOMMENDATION

      NOW THEREFORE IT IS HEREBY RECOMMENDED:

1.    The District Court accept Defendant’s plea of guilty to Count 1 of the Information

      (Dkt. 1).

2.    The District Court continue Defendant’s release pending sentencing subject to the

      previously imposed Conditions of Pretrial Supervision.

      Written objections to this Report and Recommendation must be filed within

fourteen (14) days pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.1(b), or as a

result of failing to do so, that party may waive the right to raise factual and/or legal

objections to the United States Court of Appeals for the Ninth Circuit.



                                                   DATED: November 9, 2022



                                                   Honorable Raymond E. Patricco
                                                   Chief U.S. Magistrate Judge




REPORT AND RECOMMENDATION - 2

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