IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs. Case No. 3:22-cr-00009-SLG-KFR
MICHAEL WAYNE HANZUK, II,
Defendant.
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON
A PLEA OF GUILTY
Upon Defendant's request to enter a guilty plea pursuant to Rule 11 of the
Federal Rules of Criminal Procedure to Count One of the Information, Conspiracy to
Violate the Clean Air Act, a violation of 18 U.S.C. § 371, this matter was referred to
the Magistrate Judge by the District Court. The Defendant, with the advice of
counsel, being fully advised of his right to proceed before a District Judge consented
to plead before a Magistrate Judge on the record and in writing, at Dkt. 30.
On May 19, 2022, the Defendant, his counsel, and counsel for the United
States, in full compliance with Rule 11 and the Federal Rules of Criminal Procedure,
came before the undersigned United States Magistrate Judge, in open court and on
the record.
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In consideration of that hearing and the allocution made by the Defendant
under oath on the record and in the presence of counsel, and the remarks of the
Assistant United States Attorney,
A. I make the following FINDINGS – that the Defendant understands:
1. That any false statements made by the Defendant under oath may later
be used against him in a prosecution for perjury;
2. The right to persist in a plea of “not-guilty”;
3. The consequences of a finding of guilty if he is not a United States
citizen;
4. The nature of the charges against him;
5. The maximum possible sentence, including imprisonment, fine, and the
effect of the supervised release term,
6. Any applicable mandatory minimum penalty;
7. The Court’s authority to order restitution;
8. The Court’s obligation to impose a special assessment;
9. Any applicable forfeiture;
10. The right to a speedy and public trial by jury;
11. The right to be represented by counsel – and if necessary to have the
court appoint counsel– at trial and at every other stage of the
proceedings;
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12. The right to confront and cross-examine adverse witnesses, to be
protected from compelled self-incrimination, to testify and present
evidence, and to compel the attendance of witnesses;
13. The Defendant’s waiver of trial rights if the Court accepts a guilty plea
or nolo contendere;
14. That Defendant knowingly, intelligently, and voluntarily waived his
right to appeal or collaterally attack his conviction and any sentence
imposed if it is within the range permitted by the plea agreement; and
15. That in determining a sentence, the court’s obligation to calculate the
applicable sentencing guideline range and to consider that range,
possible departures under the Sentencing Guidelines, and other
sentencing factors under 18 U.S.C. §3553(a).
B. I further FIND that:
1. The Defendant is competent to enter a plea;
2. That the plea of guilty by the Defendant has been knowingly and
voluntarily made and is not the result of force or threats or coercion;
3. Any agreements or promises which induced the plea of guilty are set
forth in the written plea agreement or on the record; and
4. That there is a sufficient factual basis for the Defendant’s plea.
C. I RECOMMEND that the District Court accept the Defendant’s plea of
guilty to Count One of the Information, Conspiracy to Violate the Clean Air Act, a
violation of 18 U.S.C. §371.
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IT IS FURTHER ORDERED:
D. A Presentence Report be prepared.
1. Any objection(s) to the presentence report shall be filed no later than
fourteen (14) days after receiving the presentence report pursuant to
Fed. R. Crim. P. 32(f)(1);
2. Any sentencing memorandum shall be filed no later than seven (7)
business days prior to sentencing pursuant to D.AK. LCrR 32.1(d);
The Sentencing hearing will be held before United States District Judge
Sharon L. Gleason on August 31, 2022 at 11:00 a.m. in Anchorage Courtroom 2. The
Court excludes time from May 19, 2022 until the time of sentencing pursuant to 18
U.S.C. §3161(h)(1)(G) on the ground that the District Judge will be considering the
proposed plea agreement.
DATED this 20th day of May, 2022, at Anchorage, Alaska.
s/ Scott A. Oravec
SCOTT A. ORAVEC
United States Magistrate Judge
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NOTICE OF RIGHT TO OBJECT
This Report and Recommendation is being issued as a Final Report and
Recommendation. Pursuant to Fed. R. Crim P. 59(b)(3), any objections will be
considered by the District Court Judge who will accept, reject, or modify the
recommendation following de novo review. Any objections must be filed within seven
(7) days from the date of service of this Report and Recommendation. Fed. R. Crim.
P.59(b)(2) and D.Ak.L.M.R. 6(a) authorizes the Court to alter the standard objection
deadlines.
Reports and Recommendations are not appealable orders. Any notice of appeal
pursuant to Fed. R. App. P. 4(a)(1) should not be filed until entry of the District
Court’s judgment. See Hilliard v. Kincheloe, 796 F.2d 308 (9th Cir. 1986).
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