Opinion
Crim. Action No.: 1:19-CR-63
11-08-2019
UNITED STATES OF AMERICA, Plaintiff, v. JOSE CATARINO FEREGRINO-RESENDEZ, Defendant.
( ) ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE [DKT. NO. 18] , ACCEPTING GUILTY PLEA, AND SCHEDULING SENTENCING HEARING
On November 4, 2019, the Defendant, Jose Catarino Feregrino-Resendez ("Feregrino-Resendez"), appeared before United States Magistrate Judge Michael J. Aloi and moved for permission to enter a plea of GUILTY to Count One of the Indictment. Feregrino-Resendez stated that he understood that the magistrate judge is not a United States District Judge, and Feregrino-Resendez consented to pleading before the magistrate judge. This Court referred Feregrino-Resendez'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 Feregrino-Resendez'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 Feregrino-Resendez was competent to enter a plea, that the plea was freely and voluntarily given, that Feregrino-Resendez 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. 18] finding a factual basis for the plea and recommending that this Court accept Feregrino-Resendez's plea of guilty to Count One 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. 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. On November 5, 2019, counsel for Defendant informally requested an expedited sentencing hearing and acknowledged that the parties waived preparation of a full presentence investigation report ("PSR") with the plea agreement. Counsel for the Government does not object to an expedited hearing. Accordingly, the Court deems Defendant's request for an expedited sentencing hearing as a waiver of the fourteen (14) day period for filing written objections to the R&R.
For the reasons stated herein, the Court ADOPTS the magistrate judge's R&R [Dkt. No. 18], provisionally ACCEPTS Feregrino-Resendez's guilty plea, and ADJUDGES him GUILTY of the crimes charged in Count One of the Indictment.
The magistrate judge remanded Feregrino-Resendez to the custody of the United States Marshals Service.
Pursuant to U.S.S.G. § 6A1 et seq., the Court ORDERS the following:
1. The Probation Officer shall prepare a modified presentence investigation report for the Court;
2. The Court will conduct the Sentencing Hearing for Feregrino-Resendez on Tuesday, December 3, 2019, at 1:30 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, all appropriate agencies, and the Court appointed interpreter, Johnnie Benningfield. DATED: November 8, 2019
/s/ Thomas S. Kleeh
THOMAS S. KLEEH
UNITED STATES DISTRICT JUDGE