Report and Recommendation Justin Eugene Dowie — No. 1:23-cr-00055 (Dkt. 12, N.D. Iowa)

Summary

A Report and Recommendation, Document 12, filed July 20, 2023 in United States v. Justin Eugene Dowie, No. 23-cr-55-CJW, in the U.S. District Court for the Northern District of Iowa, Cedar Rapids Division. The magistrate judge writes that on July 19, 2023 the defendant appeared by consent and pleaded guilty to Count 1 of the Information, Possession of Ammunition by a Felon, in violation of 18 U.S.C. Sections 922(g)(1) and 924(a)(8). He recommends that the court accept the plea and adjudge the defendant guilty. The report describes the Rule 11 questioning and the rights the defendant would give up. It finds a nexus between the offense and the items in the forfeiture allegation, recommends a preliminary forfeiture order under Rule 32.2(b)(2), and states that the parties waived their right to object within 14 days.

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION

UNITED STATES OF AMERICA,

Plaintiff,
No. 23-cr-55-CJW
vs.
REPORT AND RECOMMENDATION
JUSTIN EUGENE DOWIE,

Defendant.
____________________

On July 19, 2023, the above-named defendant appeared before the undersigned
United States Magistrate Judge by consent and, pursuant to Federal Rule of Criminal
Procedure 11, pleaded guilty to Count 1 of the Information, Possession of Ammunition
by a Felon, in violation of 18 U.S.C. Sections 922(g)(1) and 924(a)(8). After cautioning
and examining Defendant under oath concerning each of the subjects mentioned in Rule
11, I determined that Defendant’s decision to plead guilty was knowing and voluntary,
and the offense charged was supported by an independent basis in fact containing each of
the essential elements of the offense. I therefore RECOMMEND that the Court
ACCEPT Defendant’s guilty plea and adjudge Defendant guilty.
At the commencement of the Rule 11 proceeding, I placed Defendant under oath
and explained that if Defendant answered any question falsely, the Government could
prosecute Defendant for perjury or for making a false statement. I also advised Defendant
that in any such prosecution, the Government could use against Defendant any statements
made under oath.

Case 1:23-cr-00055-CJW-MAR Document 12 Filed 07/20/23 Page 1 of 6
I then asked Defendant a number of questions to ensure Defendant had the requisite
mental capacity to enter a plea. I elicited Defendant’s full name, age, and extent of
education. I also inquired into Defendant’s history of mental illness; use of illegal and/or
prescription drugs; and use of alcohol. From this inquiry, I determined Defendant was
not suffering from any mental disability that would impair Defendant’s ability to make a
knowing, intelligent, and voluntary guilty plea.
Defendant acknowledged receipt of a copy of the Information and further
acknowledged that Defendant had fully discussed the Information with Defendant’s
counsel. Defendant acknowledged that Defendant had fully conferred with Defendant’s
counsel prior to deciding to plead guilty and that Defendant was satisfied with counsel’s
services.
I fully advised Defendant of all the rights Defendant would be giving up if
Defendant decided to plead guilty, including the following:
1. The right to assistance of counsel at every stage of the case;

2. The right to a speedy, public trial;

3. The right to have the case tried by a jury selected from a cross-section of
the community;

4. That Defendant would be presumed innocent, and would be found not guilty
unless the Government could prove each and every element of the offense
beyond a reasonable doubt;

5. That Defendant would have the right to see and hear all of the Government’s
witnesses, and Defendant’s attorney would have the right to cross-examine
any witnesses called by the Government;

6. That Defendant would have the right to subpoena witnesses to testify at the
trial, and if Defendant could not afford to pay the costs of bringing these
witnesses to court, then the government would pay those costs;

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7. That Defendant would have the privilege against self-incrimination: i.e.,
Defendant could choose to testify at trial, but need not do so; if Defendant
chose not to testify, then the Court would instruct the jury that it could not
draw any adverse inference from Defendant’s decision not to testify; and

8. That any verdict by the jury would have to be unanimous.

I explained that if Defendant pleaded guilty, Defendant would be giving up all of
these rights, there would be no trial, and Defendant would be adjudged guilty just as if
Defendant had gone to trial and a jury returned a guilty verdict against Defendant.
• Plea Agreement
I determined that Defendant was pleading guilty pursuant to the Revised
Memorandum of a Proposed Plea Agreement between the United States Attorney’s Office
and Defendant (“the plea agreement”). After confirming that a copy of the written plea
agreement was in front of Defendant and Defendant’s counsel, I determined that
Defendant understood the terms of the plea agreement. I summarized the plea agreement,
and made certain Defendant understood its terms.
• Elements of Crime and Factual Basis
I summarized the charge against Defendant and listed the elements of the crime
charged. I determined that Defendant understood each and every element of the crime,
and Defendant’s counsel confirmed that Defendant understood each and every element of
the crime charged. For the offense to which Defendant was pleading guilty, I elicited a
full and complete factual basis for all elements of the crime charged in the Information.
Defendant’s attorney indicated that the offense to which Defendant was pleading guilty
was factually supported.
• Sentencing
I explained to Defendant that the district judge will determine the appropriate
sentence at the sentencing hearing. I explained that the Court will use the advisory United

Case 1:23-cr-00055-CJW-MAR Document 12 Filed 07/20/23 Page 3 of 6
States Sentencing Guidelines to calculate Defendant’s sentence. I explained that the
sentence imposed might be different from what the advisory guidelines suggest it should
be and may be different from what Defendant’s attorney had estimated.
I explained that a probation officer will prepare a written presentence investigation
report and that Defendant and Defendant’s counsel will have an opportunity to read the
presentence report before the sentencing hearing and will have the opportunity to object
to the contents of the report. I further explained that Defendant and Defendant’s counsel
will be afforded the opportunity to present evidence and be heard at the sentencing
hearing.
I advised Defendant of the consequences of the guilty plea, including the maximum
term of imprisonment, the maximum term of supervised release, and the maximum fine.
Specifically, I advised Defendant that Count 1 of the Information is punishable by the
following maximum penalties: (1) not more than fifteen years in prison without the
possibility of parole; (2) a period of supervised release following prison of not more
than three years; and (3) a fine of not more than $250,000.
I explained that the Court will impose conditions of supervised release, and that if
Defendant violates a condition of supervised release, then the Court could revoke
Defendant’s supervised release and require Defendant to serve all or part of the term of
supervised release in prison, without credit for time previously served on supervised
release. I advised Defendant that regardless of the sentence imposed, there would be no
possibility of parole. I also advised Defendant that the Court will impose a mandatory
special assessment of $100.00, which Defendant must pay. I advised Defendant of the
collateral consequences of pleading guilty. Defendant acknowledged understanding all
of the above consequences.

Case 1:23-cr-00055-CJW-MAR Document 12 Filed 07/20/23 Page 4 of 6
• Waiver of Appeal
I explained that Defendant has waived his right to appeal, except under the limited
circumstances set forth in paragraph 50 of the plea agreement. The Government retains
its right to appeal the sentence in this case.
Defendant confirmed that the decision to plead guilty was voluntary; was not the
result of any promises; and was not the result of anyone threatening, forcing, or
pressuring Defendant to plead guilty. I explained that after the district judge accepts
Defendant’s guilty plea, Defendant will have no right to withdraw the plea at a later date,
even if the sentence imposed is different from what Defendant anticipated.
Defendant confirmed that Defendant still wished to plead guilty, and Defendant
pleaded guilty to Count 1 of the Information.
I find the following with respect to the guilty plea:
1. Defendant’s plea is voluntary; knowing; not the result of force, threats or
promise; and Defendant is fully competent.

2. Defendant is aware of the minimum and maximum punishment for the count
to which Defendant pleaded guilty.

3. Defendant knows of and voluntarily waived Defendant’s jury trial rights.

4. There is a factual basis for the plea.

5. Defendant is guilty of the crime to which Defendant pleaded guilty.

• Forfeiture
Pursuant to Federal Rule of Criminal Procedure 32.2(b)(1), I found that the
Government had established the requisite nexus between Defendant’s offense and the
items described in the Information’s forfeiture allegation and items seized during the
execution of a state search warrant as described in the plea agreement at paragraphs 38-

Case 1:23-cr-00055-CJW-MAR Document 12 Filed 07/20/23 Page 5 of 6
40. I recommend the Court enter a preliminary forfeiture order pursuant to Federal Rule
of Criminal Procedure 32.2(b)(2).
The parties executed a waiver of their right to object to this report within 14 days
hereof.
DONE AND ENTERED at Cedar Rapids, Iowa, this 20th day of July, 2023.

Case 1:23-cr-00055-CJW-MAR Document 12 Filed 07/20/23 Page 6 of 6

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