Order Adopting Report and Recommendation — United States v. Lawrence Sikutwa (Dkt. 40, June 9, 2023)

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An order adopting a Report and Recommendation in United States v. Lawrence Sikutwa, Case No. 1:22-cr-00204-AKB-1, in the U.S. District Court for the District of Idaho, filed June 9, 2023. The order states that on May 18, 2023, the defendant appeared before the Magistrate Judge to enter a change of plea under a written plea agreement, and that no objections to the Report and Recommendation (Dkt. 37) have been filed. The Court orders the Report and Recommendation adopted, accepts the defendant's plea of guilty to Counts Two and Six of the Indictment (Dkt. 1), and finds Lawrence Sikutwa guilty as to the applicable crimes charged in those counts.

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           Case 1:22-cr-00204-AKB Document 40 Filed 06/09/23 Page 1 of 2




                           UNITED STATES DISTRICT COURT

                            FOR THE DISTRICT OF IDAHO

UNITED STATES OF AMERICA,                      Case No. 1:22-cr-00204-AKB-1

              Plaintiff,                       ORDER ADOPTING REPORT
                                               AND RECOMMENDATION
      v.

LAWRENCE SIKUTWA,

              Defendant.


      Before the Court is a Report and Recommendation filed by the United States

Magistrate Judge. (Dkt. 37). On May 18, 2023, Defendant appeared before the

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

Magistrate Judge conducted the plea hearing and concluded there is a factual basis

for Defendant’s admission to forfeiture and plea of guilty to the charges contained

in Counts Two and Six of the Indictment (Dkt. 1), and that it was entered voluntarily

and with full knowledge of the consequences. No objections to the Report and

Recommendation have been filed.

      The Court now has reviewed the record, and finds that the requirements of

Rule 11 have been met. See United States v. Reyna-Tapia, 328 F.3d 1114 (9th Cir.

2003). Specifically, the Court finds that the Magistrate Judge adhered to the

requirements of Rule 11(b); that under Rule 11(b)(2), the Defendant’s plea was




ORDER ADOPTING REPORT AND RECOMMENDATION - 1
        Case 1:22-cr-00204-AKB Document 40 Filed 06/09/23 Page 2 of 2




voluntary and not the result of force or threats or promises apart from the plea

agreement; and that a factual basis for the plea exists. See id. Accordingly,

      NOW THEREFORE IT IS HEREBY ORDERED that the Report and

Recommendation (Dkt. 37) shall be, and the same is hereby, ADOPTED as the

decision of the District Court and incorporated fully herein by reference.

      IT IS FURTHER ORDERED that the Defendant’s plea of guilty to the crimes

charged in Counts Two and Six of the Indictment (Dkt. 1) shall be, and the same is

hereby, ACCEPTED by the Court as a knowing and voluntary plea supported by an

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

      IT IS FURTHER ORDERED that Defendant Lawrence Sikutwa is found

GUILTY as to the applicable crimes charged in Counts Two and Six of the

Indictment. (Dkt 1).

                                                           June 09, 2023




ORDER ADOPTING REPORT AND RECOMMENDATION - 2


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