Opinion
Crim. Action 1:21CR26
07-15-2021
UNITED STATES OF AMERICA, Plaintiff, v. CARL DAVID DAVIS, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE [DKT. NO. 27], ACCEPTING GUILTY PLEA, AND SCHEDULING SENTENCING HEARING
THOMAS S. KLEEH, UNITED STATES DISTRICT JUDGE
On June 23, 2021, the Defendant, Carl David Davis (“Davis”), appeared before United States Magistrate Judge Michael J. Aloi and moved for permission to enter a plea of GUILTY to Counts One and Three of the Indictment, charging him in Count One with Possession of an Explosive by a Prohibited Person, in violation of Title 18, United States Code, Sections 842(i)(1) and 844(a)(1), and charging him in Count Three with Unlawful Possession of a Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). Davis stated that he understood that the magistrate judge is not a United States District Judge, and Davis consented to pleading before the magistrate judge. This Court referred Davis's plea of guilty to the magistrate judge for the purpose 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 Davis'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 Davis was competent to enter a plea, that the plea was freely and voluntarily given, that Davis was aware of the nature of the charges against him and the consequences of his plea, and that a factual basis existed for the tendered plea. The magistrate judge issued a Report and Recommendation Concerning Plea of Guilty in Felony Case (“R&R”) [Dkt. No. 27] finding a factual basis for the plea and recommending that this Court accept Davis's plea of guilty to Counts One and Three of the Indictment.
The magistrate judge remanded Defendant to the custody of the United States Marshals Service.
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. Neither Davis nor the Government filed objections to the R&R.
Accordingly, this Court ADOPTS the magistrate judge's R&R [Dkt. No. 27], provisionally ACCEPTS Davis's guilty plea, and ADJUDGES him GUILTY of the crime charged in Counts One and Three of the 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 investigation report prepared in this matter.
Pursuant to U.S.S.G. § 6A1 et seq., the Court ORDERS the following:
1. The Probation Officer shall undertake a presentence investigation of Davis, and prepare a presentence investigation report for the Court;
2. The Government and Davis shall each provide their narrative descriptions of the offense to the Probation Officer by July 26, 2021;
3. The presentence investigation report shall be disclosed to Davis, his counsel, and the Government on or before September 24, 2021; 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 investigation report on or before October 8, 2021;
5. The Office of Probation shall submit the presentence investigation report with addendum to the Court on or before October 22, 2021; and
6. Counsel may file any written sentencing memorandum or statements and motions for departure from the Sentencing Guidelines, including the factual basis for the same, on or before November 8, 2021.
The Court further ORDERS that prior to sentencing, counsel for Defendant review with him the revised Standard Probation and Supervised Release Conditions adopted by this Court on November 29, 2016, pursuant to the standing order entered by Chief Judge Groh, In Re: Revised Standard Probation and Supervised Release Conditions, 3:16-MC-56.
The Court will conduct the Sentencing Hearing for Davis on November 29, 2021, at 2:00 p.m., at the Clarksburg, West Virginia point of holding court. If counsel anticipates having multiple witnesses or an otherwise lengthy sentencing hearing, please notify the Judge's chamber staff so that an adequate amount of time can be scheduled.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to counsel of record and all appropriate agencies.