United States District Court, D. Idaho
For Myron Pardon, Defendant: Thomas Monaghan, LEAD ATTORNEY, Federal Defender Services of Idaho, Boise, ID.
For Brandt Stewart, Defendant: David J Smethers, LEAD ATTORNEY, Smethers Law, Boise, ID.
For Matthew Lane, Defendant: Allison Folmar, LEAD ATTORNEY, PRO HAC VICE, Law Offices of Allison Folmar, Esq., Southfield, MI.
For USA, Plaintiff: D Marc Haws, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Boise, ID.
REPORT AND RECOMMENDATION
CANDY WAGAHOFF DALE, CHIEF UNITED STATES MAGISTRATE JUDGE.
On November 13, 2014, Defendant Myron Pardon appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Defendant executed a waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the applicable Indictment (Dkt. 1), the maximum penalties applicable, his Constitutional rights, the impact that the Sentencing Guidelines will have, and that the District Judge will not be bound by the agreement of the parties as to the penalty to be imposed.
The Court, having conducted the change of plea hearing and having inquired of the Defendant, counsel, and the government, finds that there is a factual basis for the Defendant's guilty plea, that he entered it voluntarily and with full knowledge of the consequences, and that the plea should be accepted. The undersigned also ordered a pre-sentence investigation to be conducted and a report prepared by the United States Probation Office.
NOW THEREFORE IT IS HEREBY RECOMMENDED:
1) The District Court accept Defendant Myron Pardon's plea of guilty to Counts 8 and 35 of the Indictment (Dkt. 1);
2) The District Court order forfeiture consistent with Defendant's admission to the Criminal Forfeiture allegations in the Indictment (Dkt. 1); and
3) The District Court GRANT, at the appropriate time, the United States' motion to dismiss Counts 1-7, 9-34, 36-40, and 300 of the ...