Order Accepting Guilty Plea and Setting Sentencing Schedule — No. 2:22-cr-00053 (Dkt. 44, E.D. Wash.)

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An order accepting a guilty plea and setting a sentencing schedule, filed February 8, 2023 as ECF No. 44 in United States v. Natasha Ann Opsal, Case No. 2:22-CR-0053-TOR, in the U.S. District Court for the Eastern District of Washington, signed by Judge Thomas O. Rice. The order states that on February 8, 2023 the defendant pleaded guilty to Count 3 of the Indictment filed May 3, 2022, charging wire fraud in violation of 18 U.S.C. § 1343, and that the court accepts the plea. It sets a sentencing hearing for May 10, 2023 at 10:00 a.m. in Spokane Courtroom 902 and requires a written motion filed at least seven days beforehand for any continuance.

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       Case 2:22-cr-00053-TOR      ECF No. 44   filed 02/08/23   PageID.102 Page 1 of 4




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 5                        UNITED STATES DISTRICT COURT
                        EASTERN DISTRICT OF WASHINGTON
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 7    UNITED STATES OF AMERICA,
                                                    CASE NO: 2:22-CR-0053-TOR
 8                               Plaintiff,
                                                    ORDER ACCEPTING GUILTY PLEA
 9          v.                                      AND SETTING SENTENCING
                                                    SCHEDULE
10    NATASHA ANN OPSAL,

11                               Defendant.

12         On February 8, 2023, Natasha Ann Opsal appeared before the Court and

13   entered a plea of guilty to Count 3 of the Indictment filed on May 3, 2022,

14   charging her with Wire Fraud, in violation of 18 U.S.C. § 1343. The Defendant

15   was represented by Zachary L. Ayers. SAUSA Frieda K. Zimmerman appeared on

16   behalf of the government.

17         The Court finds that Defendant is fully competent and capable of entering an

18   informed plea, that the Defendant is aware of the nature of the charges and

19   consequences of the plea and the plea of guilty is knowing, and voluntary, is not

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

     ORDER ACCEPTING GUILTY PLEA AND SETTING SENTENCING
     SCHEDULE ~ 1
       Case 2:22-cr-00053-TOR    ECF No. 44   filed 02/08/23   PageID.103 Page 2 of 4




 1 fact establishing each of the essential elements of the crime. Therefore, the

 2 Defendant’s plea of guilty is accepted.

 3         ACCORDINGLY, IT IS HEREBY ORDERED:

 4         1. A sentencing hearing is set for May 10, 2023, at 10:00 a.m., in Spokane

 5 Courtroom 902. Absent truly exigent circumstances, the Court will not consider a

 6 request for a continuance of sentencing unless: (1) the request is made by written

 7 motion, (2) in accordance with LCivR 7, and (3) the motion and supporting

 8 declaration are filed at least seven (7) days before the scheduled sentencing

 9 hearing.

10         2. The Defendant shall remain in the custody of the U.S. Marshal's Service

11   pursuant to the detention order previously entered in this matter. ECF No. 39. If a

12   sentence of incarceration is imposed, the Defendant shall remain in the

13   custody of the U.S. Marshal's Service.

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

15   Investigation Report (PSIR) pursuant to Fed. R. Crim. P. 32(c).

16         4. Not later than March 29, 2023, the probation officer shall disclose the

17   Presentence Investigation Report to the Defendant, counsel for Defendant, and the

18   Government. Disclosure of the Presentence Investigation Report shall be subject

19   to the limitations imposed by Rule 32 of the Federal Rules of Criminal Procedure.

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     ORDER ACCEPTING GUILTY PLEA AND SETTING SENTENCING
     SCHEDULE ~ 2
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 1         5. Not later than April 12, 2023, counsel shall communicate in writing to

 2 the probation office (and opposing counsel) any objections they may have as to

 3 legal and factual errors or omissions; sentencing classifications; sentencing

 4 guideline ranges; and policy statements contained in or omitted from the report. If

 5 an objection is filed, the probation officer shall conduct such additional

 6 investigation as is necessary to assess the merits of the objection.

 7         6. The probation officer shall submit the final Presentence Investigation

 8 Report to the Court by April 26, 2023. The report shall be accompanied by an

 9 addendum setting forth any objections counsel may have made, including those

10   that have not been resolved, together with the officer’s comments and

11   recommendations thereon.

12         7. Not later than April 26, 2023, counsel shall file and serve all motions

13   and memoranda pertaining to Defendant's sentence, including departures and

14   variances, and sentencing recommendations. FAILURE TO FILE AND SERVE

15   SENTENCING MATERIAL, TO INCLUDE MOTIONS OR MEMORANDA

16   FOR UPWARD OR DOWNWARD DEPARTURE AND VARIANCES, BY

17   THIS DATE WILL BE DEEMED A WAIVER OF THE RIGHT TO DO SO.

18         8. Not later than May 3, 2023, the opposing party shall file and serve its

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

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     ORDER ACCEPTING GUILTY PLEA AND SETTING SENTENCING
     SCHEDULE ~ 3
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 1         9. 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 May 3, 2023.

 4         10. All pending motions are DENIED as moot and all pending hearing and

 5 trial dates are stricken from the Court’s calendar.

 6         11. The District Court Executive is authorized to accept Defendant's $100

 7 payment which shall be applied to the Special Penalty Assessment.

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

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

10   the United States Marshal’s Service.

11         DATED February 8, 2023.

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13                                  THOMAS O. RICE
                                 United States District Judge
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     ORDER ACCEPTING GUILTY PLEA AND SETTING SENTENCING
     SCHEDULE ~ 4


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