Order Accepting Guilty Plea and Setting Sentencing Schedule — No. 1:22-cr-02059 (Dkt. 27, E.D. Wash.)

Summary

An order accepting a guilty plea and setting a sentencing schedule, filed July 21, 2022 as ECF No. 27 in United States v. Karla Leticia Padilla-Reyna, No. 1:22-cr-02059-MKD-1, in the U.S. District Court for the Eastern District of Washington, signed by Judge Mary K. Dimke. The order states that on July 21, 2022 the defendant pleaded guilty to Count 4 of the Indictment filed May 17, 2022, charging wire fraud in violation of 18 U.S.C. § 1343, and that the court accepts the plea. It sets sentencing for December 20, 2022 at 11:00 a.m. in Yakima Courtroom 324, requires disclosure of the presentence report by November 15, 2022, and authorizes payment of a $100 special penalty assessment.

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“Order Accepting Guilty Plea and Setting Sentencing Schedule — No. 1:22-cr-02059 (Dkt. 27, E.D. Wash.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-accepting-guilty-plea-and-setting-sentencing-schedule-no-1-22-cr-20c8d9d4cc/, SHA-256 ad7d733c044e365577be4081562cec45c5e4520b07c4b0ad1a986c6275bf4c6a.

Full text

Case 1:22-cr-02059-MKD ECF No. 27 filed 07/21/22 PageID.105 Page 1 of 6

1
FILED IN THE
2 U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

3 Jul 21, 2022
SEAN F. MCAVOY, CLERK

5 UNITED STATES DISTRICT COURT

6 EASTERN DISTRICT OF WASHINGTON

7 UNITED STATES OF AMERICA, No. Case 1:22-cr-02059-MKD-1

8 Plaintiff, ORDER ACCEPTING GUILTY PLEA
AND SETTING SENTENCING
9 v. SCHEDULE

10 KARLA LETICIA PADILLA-REYNA
(1),
11
Defendant.
12
On July 21, 2022, Karla Leticia Padilla-Reyna (1) appeared before the Court
13
and entered a plea of guilty to Count 4 of the Indictment filed on May 17, 2022,
14
charging her with wire fraud in violation of 18 U.S.C. § 1343. Defendant was
15
represented by Robin C. Emmans. Special Assistant United States Attorney Frieda
16
Zimmerman appeared on behalf of the United States.
17
The Court finds that Defendant is fully competent and capable of entering an
18
informed plea, that Defendant is aware of the nature of the charges and
19
consequences of the plea, and that the plea of guilty is knowing, voluntary, is not
20

ORDER ACCEPTING GUILTY PLEA AND SETTING SENTENCING
SCHEDULE - 1
Case 1:22-cr-02059-MKD ECF No. 27 filed 07/21/22 PageID.106 Page 2 of 6

1 induced by fear, coercion, or ignorance, and is supported by an independent basis

2 in fact establishing each of the essential elements of the crime. Therefore,

3 Defendant’s plea of guilty is accepted.

4 Accordingly, IT IS HEREBY ORDERED:

5 1. A sentencing hearing is set for December 20, 2022, at 11:00 a.m., in

6 Yakima Courtroom 324. Absent truly exigent circumstances, the Court will not

7 consider a request for a continuance of sentencing unless: (1) the request is made

8 by written motion, (2) in accordance with LCivR 7, and (3) the motion and

9 supporting declaration are filed at least seven (7) days before the scheduled

10 sentencing hearing.

11 2. Defendant shall remain released to pretrial supervision pursuant to the

12 conditions of release previously imposed in this matter. ECF No. 12. If a

13 sentence of incarceration is imposed, Defendant shall be taken into custody at

14 the time of sentencing.

15 3. The United States Probation Office shall prepare a Presentence

16 Investigation Report (PSR) pursuant to Fed. R. Crim. P. 32(c).

17 4. Not later than November 15, 2022, the Probation Officer shall disclose

18 the PSR to Defendant, counsel for Defendant, and the United States. Disclosure of

19 the PSR shall be subject to the limitations imposed by Rule 32 of the Federal Rules

20 of Criminal Procedure.

ORDER ACCEPTING GUILTY PLEA AND SETTING SENTENCING
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1 5. Within 14 days of the disclosure of the PSR, counsel shall communicate

2 in writing to the Probation Office (and opposing counsel) any objections they may

3 have as to legal and factual errors or omissions; sentencing classifications;

4 sentencing guideline ranges; and policy statements contained in or omitted from

5 the report. Objections shall be numbered and identify the paragraph(s) to which

6 the objection applies. Objections shall address the PSR in sequential order,

7 beginning with the lowest numbered paragraph. If an objection is filed, the

8 Probation Officer shall conduct such additional investigation as is necessary to

9 assess the merits of the objection.

10 6. The Probation Officer shall submit the final PSR to the Court by

11 December 12, 2022. The PSR shall be accompanied by an addendum setting forth

12 any objections counsel may have made, including those that have not been

13 resolved, together with the officer’s comments and recommendations thereon. The

14 Probation Officer shall certify that the contents of the report, other than the

15 sentencing recommendations, including any revisions or addenda, have been

16 disclosed to counsel for Defendant and the United States, and that the addendum

17 fairly states any remaining objections. Except with respect to any written objection

18 made as required above, the PSR and computations shall be accepted by the Court

19 as accurate. Upon a timely objection by Defendant, the United States bears the

20 burden of proof on any fact that is necessary to establish the base offense level.

ORDER ACCEPTING GUILTY PLEA AND SETTING SENTENCING
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1 The Court, however, for good cause shown, may allow that a new objection be

2 raised at any time before the imposition of sentence. In resolving any disputed

3 issues of fact, the Court may consider any reliable information presented by the

4 Probation Officer, Defendant, or the United States.

5 Nothing in this Order requires the disclosure of any portions of the PSR that

6 are not disclosable under Fed. R. Crim. P. 32. The PSR shall be deemed to have

7 been disclosed: (1) when a copy of the report is physically delivered; or (2) one

8 day after the report’s availability for inspection is orally communicated; or (3)

9 three days after a copy of the report or notice of its availability is mailed to

10 counsel, whichever date is earlier.

11 7. Not later than December 5, 2022, counsel shall file and serve all motions

12 and memoranda pertaining to Defendant’s sentence, including departures and

13 variances, and sentencing recommendations.

14 a. Counsel shall utilize the following format when preparing initial

15 sentencing memoranda which are limited to 20 pages (absent prior

16 Court permission to file an overlength brief): I. Offense Level &

17 Criminal History, II. Departures, III. 18 U.S.C. § 3553(a).

18 b. Under Section I. Offense Level & Criminal History, counsel shall

19 discuss whether the PSR’s Total Offense Level calculations (not

ORDER ACCEPTING GUILTY PLEA AND SETTING SENTENCING
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1 including departures) and Criminal History calculation are correct or

2 incorrect, providing legal authority for the party’s position.

3 c. Under Section II. Departures, counsel shall discuss whether a

4 downward and/or upward departure is warranted under the Guidelines

5 and provide legal authority for such position.

6 d. Under Section III. 18 U.S.C. § 3553(a), counsel shall discuss whether

7 the resulting guideline range provides a reasonable sentence

8 sufficient, but not greater than necessary to comply with the purposes

9 set forth in 18 U.S.C. § 3553(a)(2), considering the other factors listed

10 in § 3553(a).

11 e. FAILURE TO FILE AND SERVE SENTENCING MATERIAL

12 BY THIS DATE, TO INCLUDE MOTIONS OR MEMORANDA

13 FOR UPWARD OR DOWNWARD DEPARTURE, WILL BE

14 DEEMED A WAIVER OF THE RIGHT TO DO SO.

15 8. Not later than December 13, 2022, the opposing party shall file and serve

16 its response limited to no more than seven (7) pages.

17 9. If Defendant intends to qualify for the safety valve, the parties must

18 schedule a meeting to conduct a safety valve interview to determine if the

19 Defendant has met the requirements of U.S.S.G. § 5C1.2(a)(5) no later than

20 November 29, 2022.

ORDER ACCEPTING GUILTY PLEA AND SETTING SENTENCING
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1 10. If either party intends to call witnesses or proffer exhibits at sentencing,

2 witness and exhibit lists must be exchanged by the parties and provided to the

3 Court no later December 13, 2022.

4 11. Sentencings shall be scheduled for a total of 45 minutes. If it is believed

5 that the sentencing hearing will last longer than 45 minutes, counsel shall contact

6 Chambers no later than December 13, 2022.

7 12. All pending motions pertaining to Defendant are DENIED as moot and

8 all pending hearing and trial dates pertaining to Defendant are STRICKEN from

9 the Court’s calendar.

10 13. By and through this Order, the District Court Executive is authorized to

11 accept Defendant’s payment in the amount of $100 per count, for a total of $100,

12 toward Special Penalty Assessments.

13 IT IS SO ORDERED. The District Court Clerk is hereby directed to enter

14 this Order and provide copies to counsel, the United States Probation Office, and

15 the United States Marshals Service.

16 DATED July 21, 2022.

17
s/Mary K. Dimke
18 MARY K. DIMKE
UNITED STATES DISTRICT JUDGE
19

ORDER ACCEPTING GUILTY PLEA AND SETTING SENTENCING
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