Petition to Enter Plea of Guilty and Order Entering Plea — United States v. John Duncan (District of Kansas)

Summary

In this petition filed 04/28/26, in the U.S. District Court for the District of Kansas (Case No. 25-20099-HLT-2), defendant John Duncan, represented by Assistant Federal Public Defender Lydia Krebs Albert, asks to plead "GUILTY" to Count 1 of the Indictment, with the factual basis given as "See Plea Agreement." The petition states a maximum punishment of not more than 20 years, supervised release of not more than 3 years and a fine of not more than $250,000.00, plus a special assessment of $100.00 for each count. It says the plea is the result of a plea agreement. Albert's certificate of counsel recommends that the Court accept the plea, and an order for United States District Judge Holly L. Teeter finds the plea was made freely and voluntarily and orders it accepted and entered.

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Case 2:25-cr-20099-HLT Document 28 Filed 04/28/26 Page1of7

i i rt
Filed in Se bptlo

Skyler B. O’Hara

In the United States District Court Deputy
for the District of Kansas
United States of America,
Plaintiff,
Vv. Case No. 25-20099-HLT-2
John Duncan,
Defendant.

Petition to Enter Plea of Guilty and Order Entering Plea
[Federal Rules of Criminal Procedure, Rules 10 and 11]

The defendant represents to the Court:

(1) My full true name is John Duncan. I am 65 years of age. I have completed
college. I request that all proceedings against me be in my true name.

(2) Iam represented by a lawyer, their name is: Lydia Krebs Albert, Assistant Federal
Public Defender.

(3) Ireceived a copy of the Indictment before being called upon to plead. I read the
Indictment and have discussed it with my lawyer. I fully understand every charge made against
me.

(4) Itold my lawyer all the facts and circumstances known to me about the charges
made against me in the Indictment. I believe that my lawyer is fully informed on all such
matters.

(5) Iknow that the Court must be satisfied that there is a factual basis for a plea of
"GUILTY" before my plea can be accepted. I represent to the Court that I did the following acts
in connection with the charges made against me in Count 1 of the Indictment:

See Plea Agreement.

(6) My lawyer has counseled and advised me on the nature of each charge, on all lesser
included charges, and on all possible defenses that I might have in this case.

(7) I know that I have the right to plead "NOT GUILTY" to any offense charged
against me. If I plead "NOT GUILTY" I know the Constitution guarantees me: (a) the right to a
speedy and public trial by a jury; (b) at that trial, and at all stages of the proceedings, the right to
the assistance of a lawyer; (c) the right to see and hear all witnesses called to testify against me,
Case 2:25-cr-20099-HLT Document 28 Filed 04/28/26 Page 2of/7

and the right to cross-examine those witnesses; (d) the right to use the power and process of the
Court to compel the production of any evidence, including the attendance of any witnesses in my
favor; and (e) the right not to be compelled to incriminate myself by taking the witness stand;
and if I do not take the witness stand, no inference of guilt may be drawn from such decision.

(8) I know that if I plead "GUILTY," I am thereby waiving my right to a trial, and that
there will be no further trial of any kind, either before a Court or jury; and further, I realize the
Court may impose the same punishment as if I had pleaded "NOT GUILTY," stood trial, and
been convicted by a jury.

(9) I know that ifI plead "GUILTY," the Court will ask me questions about the
offense(s) to which I have pleaded, and since I will be answering these questions under oath, on
the record, and in the presence of my lawyer, that my answers may later be used against me ina
prosecution for perjury or false statement.

(10) My lawyer informed me that the plea of "GUILTY" could subject me to a maximum
punishment which, as provided by law, is not more than 20 years to be followed by a term of
supervised release of not more than 3 years, and a fine of not more than $250,000.00 (which may
accrue interest if not paid at time of sentencing) for the offense(s) charge in Count(s) One of the
Indictment or Information. I have also been informed that should the Court find me in violation
of the supervised release term, the term could be revoked, and an additional term of
imprisonment not to exceed 2 years may be imposed. I have also been informed that the Court
may order me to make restitution in compliance with 18 U.S.C. §3663 and §3664 or as a
condition of supervision, if such is ordered under 18 U.S.C. §3563, in addition to any other
penalty provided by law. I further understand that if I am pleading "GUILTY" to an offense
which is subject to the Sentencing Reform Act, I cannot be released on parole and, if
imprisonment is ordered in my case, the sentence imposed by the Court will be the sentence I
serve less any good time credit if I earn it.

(11) I know that in addition to any other penalty imposed, including any fine or
restitution order, the Court is required to impose a special monetary assessment in the amount of
$100.00 for each count in which the offense occurred after April 24, 1996. (Not less than
$100.00 for a felony, $25.00 for a Class A misdemeanor; if the defendant is other than an
individual the assessment is not less than $400.00 for a felony and $100.00 for a Class A
misdemeanor). I UNDERSTAND THIS SPECIAL ASSESSMENT MUST BE PAID AT THE
TIME OF THE SENTENCING HEARING UNLESS THE COURT DIRECTS OTHERWISE.

(12) I understand that if my case involves drug trafficking or drug possession, the Court
may deny or suspend my eligibility to receive federal benefits pursuant to 21 U.S.C. §862,
except for those specifically exempted. I understand that if this is my second or subsequent
conviction for possession of a controlled substance, the Court may order me to complete drug
treatment or community service as specified in the sentence as a condition for reinstatement of
benefits.
Case 2:25-cr-20099-HLT Document 28 Filed 04/28/26 Page 3of7

(13) I know that the Court may also order, in addition to the penalty imposed, that I give
reasonable notice and explanation of the conviction, in such form as the Court may approve, to
the victims of the offense.

(14) Ihave been advised and understand that if I am not a U.S. citizen, a conviction of a
criminal offense may result in deportation from the United States, exclusion from admission to
the United States, and/or denial of naturalization.

(15) If am on probation or parole in this or any other Court, I know that by pleading
guilty here, my probation or parole may be revoked and I may be required to serve time in that
case, which will be consecutive, that is, in addition to any sentence imposed upon me in this
case.

(16) I declare that no officer or agent of any branch of government (federal, state, or
local) has promised, suggested, or predicted that I will receive a lighter sentence, or probation, or
any other form of leniency if I plead "GUILTY," except as follows:

My attorney did discuss how the Sentencing Guidelines may apply in my case.

If anyone else, including my attorney, made such a promise, suggestion, or prediction,
except as noted in the previous sentence, I know that he had no authority to do so.

I know that the sentence I will receive is solely a matter within the control of the Judge. I
do understand that there is no limitation on the information the Judge can consider at the time of
sentencing concerning my background, character, and conduct, provided the information is
reliable, 18 U.S.C. §3661. I do understand that if J am subject to sentencing under the Sentencing
Reform Act and the Sentencing Guidelines issued. by the United State Sentencing Commission, a
sentencing guideline range is established. The Judge will consider a sentence from within the
guideline range and, if my case presents features which persuade the Judge to vary from the
guideline range the Judge could impose a sentence either above or below the recommended
guideline range. In determining the guideline range, an variance, and the sentence to impose, the
Court may take into account all relevant criminal conduct, which may include counts to which I
have not pled guilty or been convicted, and take into account background characteristics
including, but not limited to, the recency and frequency of m prior criminal record, whether or
not a substantial portion of my income resulted from criminal conduct, my role in the offense,
victim-related circumstances, and my acceptance of responsibility for the offense, may have a
specific effect on the sentence.

I hope to receive leniency, but I am prepared to accept my punishment permitted by law
which the Court sees fit to impose. However, I respectfully request the Court to consider, in
mitigation of punishment, that I have voluntarily entered a plea of guilty.
Case 2:25-cr-20099-HLT Document 28 Filed 04/28/26 Page 4of/7

(17) L understand that a U.S. Probation Officer will be assigned to conduct a thorough
presentence investigation to develop all relevant facts concerning my case unless the Court finds
that there is in the record sufficient information to enable the meaningful exercise of sentencing
authority pursuant to 18 U.S.C. §3553. The report of the presentence investigation shall contain
the factors set forth in Rule 32. These include the classification of the offense and of the
defendant under the categories established by the Sentencing Commission, the kinds of sentence
available to the Court, and the sentencing range the officer believes applicable. The report shall
include the history and characteristics of the defendant and such other information required by
the Court recognizing the factors set forth in paragraph (16) above.

(18) My plea of guilty is the result of my plea agreement entered into between the
Government attorney, my attorneys, and me.

(19) I believe that my lawyer has done all that anyone could do to counsel and assist me,
AND I AM SATISFIED WITH THE ADVICE AND HELP THEY HAVE GIVEN ME.

(20) I know that the Court will not permit anyone to plead "GUILTY" who maintains
they are innocent and, with that in mind, and because I am "GUILTY" and do not believe I am
innocent, I wish to plead "GUILTY" and respectfully request the Court to accept my plea of
"GUILTY" and to have the Clerk enter my plea of "GUILTY" as follows:

GUILTY AS CHARGED IN COUNT 1 OF THE INDICTMENT.

(21) My mind is clear, I am not under the influence of alcohol. I currently am not under a
doctor’s care. The only drugs, medicines or pills that I took within the past seven (7) days are:

Medications as prescribed.

(22) I have never been confined in an institution for the treatment of mental illness. I
have never been adjudicated mentally incompetent. No psychiatrist, physician, or psychologist
has ever found me to be mentally ill. I know of no reason why my mental competence at the time
of the commission of the alleged offense(s), or at the present time, should be questioned. (If there
are any exceptions to the above statement, explain below.)

(23) I offer my plea of "GUILTY" freely and voluntarily, and further state that my plea
of guilty is not the result of any force or threats against me, or of any promises made to me other
than those noted in this petition. I further offer my plea of "GUILTY" with full understanding of
all the matters set forth in the Indictment, in this petition, and in the certificate of my attorney
which is attached to this petition.

(24) I waive the reading of the Indictment in open court, and J request the Court to enter
my plea of "GUILTY" as set forth in paragraph (20) of this petition.
Case 2:25-cr-20099-HLT Document 28 Filed 04/28/26 Page 5of/7

(25) I swear that I have read, understood, and discussed with my attorney, each and
every part of this Petition to Plead Guilty, and that the answers which appear in every part of this
petition are true and correct.

Signed and Sworn to by me in open court, in the pres of my attorney, this VES day

of AQ , 2026. Nn,

Subsoribed and Sworn to before me this LAF day of Dor , 2026.
(Deputy ClerkK J
Case 2:25-cr-20099-HLT Document 28 Filed 04/28/26 Page 6of/7

CERTIFICATE OF COUNSEL

The undersigned, as lawyer and counselor for the defendant hereby certifies:

(1) Ihave read and fully explained to the defendant the allegations contained in the
Indictment in this case.

(2) To the best of my knowledge and belief, the statements, representations, and
declarations made by the defendant in the foregoing petition are in all respects accurate and true.

(3) Iexplained the maximum penalty for each count to the defendant.

(4) The plea of "GUILTY" offered by the defendant in paragraph (20) accords with my
understanding of the facts they related to me and is consistent with my advice to the defendant.

(5) In my opinion, the defendant’s waiver of reading of the Indictment in open court as
provided by Rule 10 is voluntarily and understandingly made, and I recommend to the Court that
the waiver be accepted.

(6) In my opinion, the plea of "GUILTY" offered by the defendant in paragraph (20) of
the petition is voluntarily and understandingly made. I recommend that the Court accept the plea
of "GUILTY" until the scheduled sentencing.

(7) Ihave made no predictions or promises to the defendant concerning any sentence
the Court may award, except as noted in the space below:

I have discussed with my client how the Sentencing Guidelines may apply in his case.

(8) I further represent to the Court that the defendant’s plea of "GUILTY" is the result
of a plea agreement.

Signed by me after full discussion of the contents of this certificate with the defendant,
this day of _Ay YUL _, 2026.

Lydia Krebs Albert, #22673
Attorney for Defendant
Case 2:25-cr-20099-HLT Document 28 Filed 04/28/26 Page 7 of 7

ORDER

I find that the plea of guilty was made by the defendant freely, voluntarily, and because
they are guilty as charged, and not out of ignorance, fear, inadvertence, or coercion, and with full
understanding of its consequences. I further find that the defendant has admitted the essential
elements of the crime charged and is mentally competent.

IT IS THEREFORE ORDERED that the defendant’s plea of "GUILTY" be accepted and
entered as prayed for in the petition and as recommended in the certificate of their lawyer.

Done in open court this 8 day of 4A pe | , 2026.

CZ Sie

THE H@MORABLE HOLLY L. TEETER
UNITED STATES DISTRICT JUDGE


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