Opinion
CRIMINAL NO. 1:17CR32-21
11-20-2017
UNITED STATES OF AMERICA, Plaintiff, v. ARIEL BLOSSER, Defendant.
( ) ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE (DKT. NO. 715) , ACCEPTING GUILTY PLEA, AND SCHEDULING SENTENCING HEARING
On November 1, 2017, the defendant, Ariel Blosser ("Blosser"), appeared before United States Magistrate Judge Michael J. Aloi and moved for permission to enter a plea of GUILTY to Count Twenty of the Superseding Indictment. Blosser 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 Blosser'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 Blosser 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 November 2, 2017, the magistrate judge entered an Report and Recommendation Concerning Plea of Guilty in Felony Case ("R&R") (dkt. no. 715) finding a factual basis for the plea and recommended that this Court accept Blosser's plea of guilty to Count Twenty of the Superseding 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. He further advised 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. The parties did not file any objections.
Accordingly, this Court ADOPTS the magistrate judge's R&R, ACCEPTS Blosser's guilty plea, and ADJUGES her GUILTY of the crime charged in Count Twenty of the Superseding Indictment.
Pursuant to Fed. R. Crim. P. 11(c)(3) 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 shall undertake a presentence investigation of Blosser, and prepare a presentence report for the Court;
2. The Government and Blosser shall provide their versions of the offense to the probation officer by November 30, 2017;
3. The presentence report shall be disclosed to Blosser, defense counsel, and the United States on or before January 30, 2018; however, the Probation Officer shall not disclose any 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 February 13, 2018;
5. The Office of Probation shall submit the presentence report with addendum to the Court on or before February 27, 2018; 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 February 27, 2018.
The magistrate judge remanded Blosser to the custody of the United States Marshal Service.
The Court will conduct the sentencing hearing for the defendant on Monday, March 12, 2018 at 11:30 A.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 and all appropriate agencies. DATED: November 20, 2017
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE