Order Adopting Report and Recommendation — United States v. Craig Marlow (District of Idaho, Document 31)

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Order Adopting 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 31, filed September 12, 2024. The order recites that the defendant appeared before the Magistrate Judge on August 13, 2024 for a change of plea under a written plea agreement and that the Magistrate Judge found a factual basis for the admission to forfeiture and the plea to Count Three of the Indictment. No objections were filed. The Court finds the requirements of Rule 11 met, adopts the Report and Recommendation, accepts the plea as knowing and voluntary, and finds the defendant guilty as to the applicable crimes charged in Count Three.

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           Case 4:23-cr-00235-BLW Document 31 Filed 09/12/24 Page 1 of 2




                            UNITED STATES DISTRICT COURT

                             FOR THE DISTRICT OF IDAHO

UNITED STATES OF AMERICA,

               Plaintiff,                      Case No. 4:23-cr-00235-BLW

      v.                                       ORDER ADOPTING REPORT
                                               AND RECOMMENDATION
CRAIG MARLOW,

               Defendant.


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

Magistrate Judge. (Dkt. 28). On August 13, 2024, 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 Count Three of the Indictment (Dkt. 2), 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 4:23-cr-00235-BLW Document 31 Filed 09/12/24 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. 28) 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 Count Three of the Indictment (Dkt. 2) 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 is found GUILTY as to the

applicable crimes charged in Count Three of the Indictment. (Dkt 2).

                                              DATED: September 12, 2024


                                              _________________________
                                              B. Lynn Winmill
                                              U.S. District Court Judge




ORDER ADOPTING REPORT AND RECOMMENDATION - 2


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