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Date: 09-22-2021

Case Style:

United States of America v. Ian Wagner

Case Number: 4:20-cr-03099-JMG-CRZ

Judge: John M. Gerrard

Court: United States District Court for the District of ( County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney:


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Description: Lincoln, NE: Criminal defense lawyer represented defendant charged with abusive sexual contact with an incapacitated person, abusive sexual contact and indecent exposure on an aircraft.

Ian Wagner, 39, of New Haven, was a passenger on board a domestic flight from Indianapolis to Denver on Oct. 6, 2017. Wagner was seated next to an 18-year-old woman. During the flight, the woman fell asleep and later awoke to Wagner rubbing her inner thigh with his hand. After jerking away, the victim took a photograph of Wagner. The geolocation data associated with the photograph indicated that the plane was flying over Hastings, Nebraska.

The victim then left her seat, sought refuge in the restroom, but eventually returned because she believed the flight was full and no other seats would be available. After retaking her seat, she observed that Wagner had placed a jacket over his lap and his hand appeared to be moving up and down under the jacket. Wagner made eye contact with the victim and lifted his jacket to reveal his exposed penis. For over five minutes, Wagner masturbated while staring at the victim. Frightened and troubled by the incident, the victim lodged a complaint with the airline two days later and with criminal authorities in the following weeks.

Wagner pleaded guilty to one count of abusive sexual contact. He is scheduled to be sentenced on Dec. 15 and faces a maximum statutory penalty of three years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Wagner will be required to register as a sex offender.

The FBI’s Indianapolis Division Joint Terrorism Task Force is investigating the case.

Trial Attorney Jamie B. Perry of the Justice Department’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Tessie L. Smith of the District of Nebraska are prosecuting the case.

18:2244(a)(2) and 49:46506 ABUSIVE SEXUAL CONTACT OF INCAPACITATED PERSON
(1)
18:2244(b) and 49:46506 ABUSIVE SEXUAL CONTACT
(2)
49:46506(2) INDECENT EXPOSURE
(3)

Outcome: 09/22/2021 47 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Cheryl R. Zwart on 9/22/2021 as to defendant Ian Wagner. Hearing held by videoconference with approval from the defendant and District Judge. Defendant's oral consent to proceed before Magistrate Judge accepted. Defendant rearraigned on Indictment. Change of Plea Hearing held. Defendant withdraws plea of not guilty and enters a Guilty plea to Count I of the Indictment. Government will move to dismiss Counts II and III at sentencing. Court finds that the plea is knowing, intelligent and voluntary and that there is a factual basis for it. Recommended that plea and plea agreement be accepted at or before sentencing. Sentencing is scheduled for 12/15/2021 at 1:30 PM before Judge Gerrard. Defendant released on terms and conditions as previously in place, with an additional condition added in court. Written Findings and Recommendation will be issued. Appearance for Plaintiff: Tessie L. Smith and Jamie B. Perry; For Defendant: Justin B. Kalemkiarian, retained; Courtroom Deputy: Jeri Bierbower; Reporter: Digital Recorder. Time Start: 2:59 PM; Time Stop: 3:27 PM; Time in Court: 28 Minutes. (JAB) (Entered: 09/22/2021)
09/22/2021 48 AUDIO FILE. Audio as to Defendant (1) Ian Wagner. Court Date & Time [ 9/22/2021 2:59:33 PM ]. File Size [ 6354 KB ]. Run Time [ 00:26:28 ]. (Change of Plea hearing). (auto-docket). (Entered: 09/22/2021)
09/22/2021 49 PETITION to enter plea of guilty as to defendant Ian Wagner. (LKO) (Entered: 09/22/2021)
09/22/2021 50 PLEA AGREEMENT as to defendant Ian Wagner. (LKO) (Entered: 09/22/2021)
09/22/2021 51 FINDINGS AND RECOMMENDATION ON PLEA OF GUILTY to the Honorable John M. Gerrard, United States District Judge, that after de novo review, the court accept the guilty plea and find the defendant guilty of the crime(s) to which the defendant tendered a guilty plea as to defendant Ian Wagner. If any party desires to object to the findings and recommendation, they shall do so no later than 14 calendar days following the date of the filing of the plea transcript, or the audio recording of the proceeding, whichever is earlier. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO) (Entered: 09/22/2021)
09/22/2021 52 ORDER ON SENTENCING SCHEDULE as to defendant Ian Wagner. Sentencing set for 12/15/2021 at 01:30 PM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO) (Entered: 09/22/2021)

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