United States District Court, D. Idaho
REPORT AND RECOMMENDATION
Candy
W. Dale, United States Magistrate Judge.
On July
10, 2018, Defendant ROBERT WALLIN 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 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, his counsel, and the government,
finds 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.
Because
the offense to which Defendant entered his guilty plea is an
offense in a case described in subparagraph (C) of subsection
(f)(1) of Section 3142 in Title 18 of the United States Code,
subjecting Defendant to detention upon a finding of guilt
under Section 3143(a)(2), the undersigned considered whether,
under Section 3145(c), exceptional reasons were clearly shown
as to why Defendant's detention pending imposition of
sentencing would not be appropriate.
In this
case, during the Defendant's Initial Appearance and
Arraignment, the Government filed an initial motion for
detention citing a high likelihood of flight due to the
lengthy incarceration time associated with the offences.
(Dkt. 17.) Pretrial Services recommended release conditions
referencing the Defendant's minimal criminal history and
his significant ties to the community, including his
life-long residence in Idaho, significant familial ties, and
ownership of a Boise residence. (Dkt. 36-3 at 3.)
At the
conclusion of the detention hearing on April 18, 2018, the
Defendant was released on conditions set by U.S Magistrate
Judge Ronald Bush. (Dkt. 38.) The conditions of the
Defendant's release were to seek employment, participate
in drug testing, refrain from alcohol or drug use, not
possess a firearm or other weapon, surrender passport, and to
avoid all associations with those involved in criminal
activity, and not to illegally possess or use controlled
substances. (Dkt. 38.)
On June
21, 2018, and on July 9, 2018, Pretrial Services filed
Pre-Trial Status Reports with the Court. (Dkts. 46 and 53.)
The reports indicate that, following release on April 18,
2018, the Defendant returned to residing with his wife and
two sons in Boise and obtained employment. However, the
Defendant had not complied with all the conditions of
release, because he tested positive for use of controlled
substances during initial urinalysis testing. However, before
the first status report was filed, Defendant submitted tests
that were negative for any controlled substance use, and the
probation officer recommended the Defendant remain on release
pending resolution of his case. Judge Bush concurred with the
initial report of June 21, 2018, and sought no further
action. (Dkt. 46 at 2.) There were no other violations of
conditions reported in the July 9, 2018 status report. (Dkt.
53.)
During
the change of plea hearing, the Government moved for
detention of Defendant pursuant to the mandatory detention
provision in Section 3143(a)(2). Although the Government
conceded that the Defendant is not an enhanced flight risk or
danger to the community, the Government maintained there were
no exceptional reasons why detention pending the imposition
of sentencing would not be inappropriate. Defendant in turn
argued that his employment, full compliance with the
conditions of release, time spent with his family, and
prepayment of the special assessment constituted exceptional
reasons.
Upon
consideration of the totality of the circumstances, the Court
finds that Defendant has not clearly shown exceptional
reasons in this case, given compliance with conditions of
release is expected-not exceptional in and by itself. Thus,
pursuant to Section 3143(a)(2), the Court will recommend
Defendant be detained pending imposition of sentence.
However, the Court will allow Defendant to self-report for
detention within 21 days of today's date or no later than
7 days after the District Judge accepts this recommendation,
with ever date is later. In the interim, Defendant remains on
release subject to all conditions set by Judge Bush on April
18, 2018. (Dkt. 38.)
RECOMMENDATION
NOW
THEREFORE IT IS HEREBY RECOMMENDED:
1) The District Court ACCEPT Defendant
Robert Wallin's plea of guilty to Count 8 of the
Indictment (Dkt. 1),
2) The District Court ORDER forfeiture
consistent with Defendant Robert Wallin's admission to
the Criminal Forfeiture allegation in the Indictment (Dkt. 1)
and the Plea Agreement,
3) The District Court GRANT, at the
appropriate time, the United States' motion to dismiss
Count 9 of the ...