IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

PECOS DIVISION

UNITED STATES OF AMERICA )

 )

v. ) P-20-CR-65 (1)

 )

WILLIAM HOWARD GORNTO II )

FINDINGS OF FACT AND RECOMMENDATION ON FELONY GUILTY

PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE

The District Court referred this matter to the magistrate judge pursuant to 28 U.S.C. § 

636(b)(1)(B) for administration of guilty plea and allocution under Rule 11 of the Federal Rules 

of Criminal Procedure.

On the 7

th day of February, 2020, this cause came before the undersigned U.S. Magistrate 

Judge for Guilty Plea and Allocution of the Defendant, WILLIAM HOWARD GORNTO II, 

on the INFORMATION1filed herein charging him with a violation of Title 16 U.S.C. § 

3372(d), 3373(d)(3)(A) and Title 18 U.S.C. § 2. The Defendant signed a written consent to 

plead before the Magistrate Judge. The Court conducted the proceeding in the form and manner 

prescribed by FED. R. CRIM. P. 11, and finds:

a) That the Defendant, after consultation with counsel of record, has knowingly and 

voluntarily consented to the administration of the Guilty Plea and Allocution in this cause by a 

U.S. Magistrate Judge subject to final approval and imposition of sentence by the District Court.

b) That the Defendant and the Government have entered into a plea agreement which has 

been filed and disclosed in open court pursuant to FED. R. CRIM. P. 11(c)(2) and 11(c)(1)(C).

2 3

c) That the Defendant is fully competent and capable of entering an informed plea,4that 

the Defendant is aware of the nature of the charges and the consequences of the plea,5and that 

1The Defendant entered a Waiver of Indictment. 

2The Court received the plea under the provisions of Rule 11(c)(1)(C), subject to the District Judge’s 

acceptance of the plea. The agreement provides a specific sentence of three years’ probation. There is no

agreement as to the term of supervised release or fine. 

3

Per plea agreement, the Defendant will pay $10,800.00 for the next three years, by paying $150.00 per 

month for 36 months to the National Park Foundation and $150.00 per month for 36 months to the U.S. Fish and 

Wildlife Service.

4The Defendant was admonished as to punishment of up to 5 years’ imprisonment, a fine not to exceed 

$250,000.00, a maximum term of 3 years’ supervised release, and a mandatory special assessment of $100.

5The Defendant was admonished as to the Notice of Government’s Demand for Forfeiture and did not 

contest the forfeiture.

Case 4:20-cr-00065-DC Document 12 Filed 02/07/20 Page 1 of 2
the plea of guilty is a knowing and voluntary plea supported by an independent basis6

in fact 

containing each of the essential elements of the offense.

IT IS THEREFORE, the recommendation of the undersigned U.S. Magistrate Judge 

that the District Court accept the plea agreement and the guilty plea of the Defendant,

WILLIAM HOWARD GORNTO II, and that WILLIAM HOWARD GORNTO II be finally 

adjudged guilty of that offense.

The United States District Clerk shall serve a copy of this Proposed Findings of Fact and 

Recommendation on all parties electronically. In the event that a party has not been served by 

the Clerk with this Report and Recommendation electronically, pursuant to the CM/ECF 

procedures of this District, the Clerk is ORDERED to mail such party a copy of this Report and 

Recommendation by certified mail, return receipt requested. Pursuant to 28 U.S.C. § 636(b)(1), 

any party who desires to object to this report must serve and file written objections within 

fourteen (14) days after being served with a copy unless the time period is modified by the 

District Court. A party filing objections must specifically identify those findings, conclusions or 

recommendation to which objections are being made; the District Court need not consider 

frivolous, conclusive or general objections. Such party shall file the objections with the Clerk of 

the Court and serve the objections on the Magistrate Judge and on all other parties. A party's 

failure to file such objections to the proposed findings, conclusions and recommendation 

contained in this report shall bar the party from a de novo determination by the District Court. 

Additionally, any failure to file written objections to the proposed findings, conclusions and 

recommendation contained in this report within fourteen (14) days after being served with a copy 

shall bar the aggrieved party from appealing the factual findings of the Magistrate Judge that are 

accepted or adopted by the District Court, except upon grounds of plain error or manifest 

injustice.

SIGNED this 7th day of February, 2020.

DAVID B. FANNIN

UNITED STATES MAGISTRATE JUDGE

6The parties agreed to amend the Factual Basis to reflect the correct dates the offence occurred as is 

reflected in the Information.

Case 4:20-cr-00065-DC Document 12 Filed 02/07/20 Page 2 of 2