Opinion
CRIMINAL NO. 1:15CR78-2
10-15-2015
UNITED STATES OF AMERICA, Plaintiff, v. APRIL M. ASH, Defendant.
( ) ORDER ACCEPTING AND ADOPTING MAGISTRATE JUDGE'S OPINION/REPORT RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE (DKT. NO. 75) AND SCHEDULING SENTENCING HEARING
On September 17, 2015, the defendant, April M. Ash ("Ash"), appeared before United States Magistrate Judge John S. Kaull and moved for permission to enter a plea of GUILTY to Count Four of the Indictment. Ash stated that she understood that the magistrate judge is not a United States District Judge, and consented to pleading before the magistrate judge. This Court had referred the guilty plea to the magistrate judge for the purposes of administering the allocution pursuant to Federal Rule of Criminal Procedure 11, making a finding as to whether the plea was knowingly and voluntarily entered, and recommending to this Court whether the plea should be accepted.
Based upon Ash's statements during the plea hearing and the government's proffer establishing that an independent factual basis for the plea existed, the magistrate judge found that Ash was competent to enter a plea, that the plea was freely and voluntarily given, that she was aware of the nature of the charges against her and the consequences of her plea, and that a factual basis existed for the tendered plea. On September 30, 2015, the magistrate judge entered an Opinion/Report and Recommendation Concerning Plea of Guilty in Felony Case ("R&R") (dkt. no. 75) finding a factual basis for the plea and recommended that this Court accept Ash's plea of guilty to Count Four of the Indictment.
The magistrate judge also directed the parties to file any written objections to the R&R within fourteen (14) days after service of the R&R. The magistrate judge further directed that failure to file objections would result in a waiver of the right to appeal from a judgment of this Court based on the R&R. After which, the parties did not file any objections.
Accordingly, this Court ADOPTS the magistrate judge's R&R, ACCEPTS April M. Ash's guilty plea, and ADJUGES her GUILTY of the crime charged in Count Four of the Indictment.
Pursuant to Fed. R. Crim. P. 11(e)(2) and U.S.S.G. § 6B1.1(c), the Court DEFERS acceptance of the proposed plea agreement until it has received and reviewed the presentence report prepared in this matter.
Pursuant to U.S.S.G. § 6A1 et seq., the Court ORDERS as follows:
1. The Probation Officer undertake a presentence investigation of APRIL M. ASH, and prepare a presentence report for the Court;
2. The Government and Ash are to provide their versions of the offense to the probation officer by October 29, 2015;
3. The presentence report is to be disclosed to Ash, defense counsel, and the United States on or before December 14, 2015; however, the Probation Officer is not to disclose the sentencing recommendations made pursuant to Fed. R. Crim. P. 32(e)(3);
4. Counsel may file written objections to the presentence report on or before December 28, 2015;
5. The Office of Probation shall submit the presentence report with addendum to the Court on or before January 11, 2016; and
6. Counsel may file any written sentencing statements and motions for departure from the Sentencing Guidelines, including the factual basis from the statements or motions, on or before January 25, 2016.
The magistrate judge placed Ash on bond pursuant to an Order Setting Conditions of Release (dkt. no. 33) entered on August 3, 2015.
The Court will conduct the sentencing hearing for the defendant on Friday, February 5, 2016 at 2:00 P.M. at the Clarksburg, West Virginia point of holding court.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to counsel of record, the defendant and all appropriate agencies. DATED: October 15, 2015
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE