UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-60096-CR-ALTMAN/HUNT

UNITED STATES OF AMERICA,

 

Plaintiff, 

vs.

JAMI KOPACZ,

 Defendant.

_____________________________/

REPORT AND RECOMMENDATION ON CHANGE OF PLEA

THIS CAUSE is before the undersigned on an Order of Reference (ECF 

No. 10) from United States District Judge Roy K. Altman, for the purpose of conducting a 

proceeding for acceptance of a guilty plea by Defendant Jami Kopacz in the 

above-referenced case. The undersigned, having conducted a Change of Plea hearing 

on December 16, 2020, recommends to the District Court as follows:

1. On December 16, 2020, the undersigned held a hearing via video conference 

(Zoom) to permit Defendant, Jami Kopacz, to enter a change of plea. At the outset of 

the hearing, the undersigned advised Defendant of his right to have these proceedings 

conducted by the District Judge assigned to the case. Further, Defendant was advised 

that the Change of Plea hearing was being conducted on an Order of Reference from the 

District Judge, at the request of Defendant, Defendant=s attorney, and the Assistant 

United States Attorney assigned to this case. The undersigned further advised 

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Defendant that the District Judge assigned to this case would be the sentencing judge 

and would make all findings and rulings concerning Defendant=s sentence.

2. Defendant was advised that he did not have to permit the undersigned United 

States Magistrate Judge to conduct this hearing and could request that the Change of 

Plea hearing be conducted only by a United States District Judge. Defendant, 

Defendant=s attorney, and the Assistant United States Attorney assigned to the case all 

agreed on the record and consented to the undersigned conducting the Change of Plea 

hearing. 

3. Defendant also consented to holding the hearing by video conference. Both 

Parties agreed that holding the change of plea now, rather than delaying it until all could 

appear before the Court in person, was important because they had reached a resolution 

to this prosecution that they were eager to finalize, and they did not want to further delay 

the matter, potentially delaying Defendant’s efforts at cooperation and payment of 

restitution. Accordingly, pursuant to S.D. Fla. Administrative Orders 2020-23, -40, -53,

-66, and -76, the undersigned finds that Defendant’s guilty plea could not be further 

delayed without serious harm to the interests of justice. 

4. The undersigned conducted a plea colloquy in accordance with the outline set 

forth in the Bench Book for District Judges and Rule 11 of the Federal Rules of Criminal 

Procedure.

5. The Parties have entered into a written Plea Agreement. ECF No. 14. The 

undersigned reviewed the Plea Agreement on the record and had Defendant 

acknowledge that he signed and understood the Plea Agreement. The undersigned

also made certain that Defendant was aware of any applicable mandatory minimum 

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sentences (there are none) and statutory enhancements (there are none). Defendant 

was advised of the maximum sentence that could be imposed in this case pursuant to 

the Plea Agreement and the applicable statutes. Defendant acknowledged that he

understood the possible maximum penalties (including fines, supervised release, 

restitution, and special assessments) that could be imposed in this case. 

6. Defendant pleaded guilty to the one count Information, which charges him

with willfully making and subscribing a false federal tax return, in violation of 26 U.S.C. §

7206(1). Defendant was advised of his right to require the Government to seek an 

indictment. He knowingly, intelligently and voluntarily waived this right, orally and in 

writing (ECF Nos. 4, 14), and agreed to proceed by information. 

7. The Plea Agreement contains a waiver of appeal, which the undersigned 

discussed with Defendant on the record. Defendant acknowledged in response to the 

undersigned=s questions that by entering into the Plea Agreement containing the appeal 

waiver, he was waiving or giving up all rights to appeal his conviction and any sentence 

imposed by the District Court in this case, including restitution, except under the limited 

circumstances set forth in the appeal waiver provision in the Plea Agreement. The 

undersigned finds that Defendant entered into this waiver knowingly, intelligently, and 

voluntarily.

8. The Parties provided a signed, agreed written factual basis for the entry of the 

plea (ECF No. 15), which includes all the essential elements of the crime to which 

Defendant is pleading guilty and any statutory sentencing enhancements and/or 

aggravating factors that may be applicable (there are none). Defendant acknowledged 

on the record that he had read and signed the written proffer and agreed that the facts 

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set forth in the proffer were true and accurate, and that the proffer included the essential 

elements of the offense to which he is pleading guilty. 

9. The undersigned advised Defendant about the possible immigration and 

other collateral consequences of his guilty plea. 

 10. Defendant expressed satisfaction with his counsel’s representation.

 11. Based on all the foregoing and the plea colloquy, the undersigned 

recommends to the District Judge that Defendant, Jami Kopacz, be found to have freely 

and voluntarily entered his guilty plea to the one-count Information as more particularly 

described herein and that he be adjudged guilty of this offense.

12. A Presentence Investigation Report (PSI) will be prepared for the District 

Court by the United States Probation Office. Sentencing has been set for March 5, 

2021, at 2:00 p.m. in Fort Lauderdale Courtroom 207A before the Honorable Roy K. 

Altman, United States District Judge. The Parties were advised of this date and 

time. Defendant’s oral consent to proceed by video conference applies to the change 

of plea hearing only and does not waive his right to be present in court at sentencing

unless additional findings are made by the District Judge. 

Accordingly, the undersigned RECOMMENDS that Jami Kopacz’s plea of 

guilty be accepted, that Defendant be adjudged guilty of the offense to which he has 

entered his plea of guilty, and that a sentencing hearing be conducted for final 

disposition of this matter.

The parties will have fourteen (14) days from the date of being served with 

a copy of this Report and Recommendation within which to file written objections, if any, 

with the Honorable Roy K. Altman, United States District Judge. Failure to file 

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objections timely shall bar the parties from a de novo determination by the District Judge 

of any issue covered in the Report and shall bar the parties from attacking on appeal 

unobjected-to factual and legal conclusions contained therein, except upon grounds of 

plain error if necessary in the interest of justice. See 28 U.S.C. ' 636(b)(1); Thomas v. 

Arn, 474 U.S. 140, 149 (1985); Henley v. Johnson, 885 F.2d 790, 794 (1989); 11th Cir. R. 

3-1 (2016). The undersigned requested that counsel promptly file a notice of 

non-objection if they have no objections to the Report and Recommendation.

DONE AND SUBMITTED at Fort Lauderdale, Florida, this 16th day of

December, 2020.

 ________________________________

PATRICK M. HUNT 

 UNITED STATES MAGISTRATE JUDGE 

Copies furnished:

Hon. Roy K. Altman

U.S. Probation 

All counsel of record

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