United Statesv.Gibbs

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHOMay 22, 2019
Case No. 1:18-cr-00355-BLW-2 (D. Idaho May. 22, 2019)

Case No. 1:18-cr-00355-BLW-2

05-22-2019

UNITED STATES OF AMERICA, Plaintiff, v. CHUL GIBBS, Defendant.


REPORT AND RECOMMENDATION

On May 22, 2019, Defendant CHUL GIBBS appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. (Dkt. 63). 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, 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 presentence investigation to be conducted and a report prepared by the United States Probation Office.

RECOMMENDATION

NOW THEREFORE IT IS HEREBY RECOMMENDED:

1) The District Court accept Defendant CHUL GIBBS's plea of guilty to Counts 3 and 9 of the Indictment (Dkt. 1),

2) The District Court order forfeiture consistent with Defendant CHUL GIBBS's admission to the Criminal Forfeiture allegation in the Indictment (Dkt. 1) and the Plea Agreement (Dkt. 63).

3) The District Court GRANT, at the appropriate time, the United States' motion to dismiss Counts 1, 2, 4 through 8, and 10 through 13 of the Indictment (Dkt. 1) as to Defendant.

Written objections to this Report and Recommendation must be filed within fourteen (14) days pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.1(b), or as a result of failing to do so, that party may waive the right to raise factual and/or legal objections to the United States Court of Appeals for the Ninth Circuit. DATED: May 22, 2019

/s/_________


CANDY WAGAHOFF DALE


U.S. MAGISTRATE JUDGE