Report and Recommendation — United States v. Craig Marlow (District of Idaho, Document 28)

Summary

Report and Recommendation in United States v. Craig Marlow, Case No. 4:23-cr-00235-BLW, in the United States District Court for the District of Idaho, Document 28, filed August 13, 2024. The Magistrate Judge states that on August 13, 2024 the defendant appeared to change his plea under a written plea agreement and waived the right to have the District Judge take the plea. The Court concludes there is a factual basis and that the plea was entered voluntarily. It recommends that the District Court accept the guilty plea to Count 3 of the Indictment, take the plea agreement under advisement pending the pre-sentence investigation report, order forfeiture, and continue release pending sentencing. Written objections are due within fourteen (14) days.

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       Case 4:23-cr-00235-BLW        Document 28      Filed 08/13/24     Page 1 of 3


                   IN THE UNITED STATES DISTRICT COURT

                           FOR THE DISTRICT OF IDAHO


UNITED STATES OF AMERICA,              )
                                       )
     Plaintiff,                        )                Case No. 4:23-cr-00235-BLW
                                       )
v.                                     )                REPORT AND
                                       )                RECOMMENDATION
CRAIG MARLOW,                          )
                                       )
     Defendant.                        )
 _____________________________________)

      On August 13, 2024, 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.

      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 4:23-cr-00235-BLW        Document 28       Filed 08/13/24     Page 2 of 3


       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 Release.

                                  RECOMMENDATION

       NOW THEREFORE IT IS HEREBY RECOMMENDED:

1.     The District Court accept Defendant’s plea of guilty to Count 3 of the Indictment

       (Dkt. 2).

2.     The District Court take under advisement the decision whether to accept the terms

       of the plea agreement pending review of the pre-sentence investigation report.

3.     The District Court order forfeiture consistent with Defendant’s admission to the

       Criminal Forfeiture allegation in the Indictment (Dkt. 2) and detailed in the Plea

       Agreement (Dkt. 21).

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

       previously imposed Conditions of Pretrial Release.

       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.




REPORT AND RECOMMENDATION - 2
    Case 4:23-cr-00235-BLW   Document 28   Filed 08/13/24   Page 3 of 3




                                      DATED: August 13, 2024



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




REPORT AND RECOMMENDATION - 3


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