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United States v. Hardy

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
Jun 16, 2015
CRIMINAL NO. 1:14CR98-3 (N.D.W. Va. Jun. 16, 2015)

Opinion

CRIMINAL NO. 1:14CR98-3

06-16-2015

UNITED STATES OF AMERICA, Plaintiff, v. JACQULYN HARDY, Defendant.


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ORDER ACCEPTING AND ADOPTING MAGISTRATE JUDGE'S OPINION/REPORT RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE AND SCHEDULING SENTENCING HEARING

On May 19, 2015, the defendant, Jacqulyn Hardy ("Hardy"), appeared before United States Magistrate Judge John S. Kaull and moved for permission to enter a plea of GUILTY to Count One of the Second Superseding Indictment. Hardy 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 Hardy'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 Hardy 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 May 29, 2015, the magistrate judge entered an Opinion/Report and Recommendation Concerning Plea of Guilty in Felony Case ("R&R") (dkt. no. 111) finding a factual basis for the plea and recommended that this Court accept Hardy's plea of guilty to Count One of the Second 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. 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. On June 1, 2015, the government, by Assistant United States Attorney Shawn A. Morgan ("Morgan"), responded to the R&R stating the government had no objection (dkt. no. 113). Hardy did not file any objections.

Accordingly, this Court ADOPTS the magistrate judge's R&R, ACCEPTS Hardy's guilty plea, and ADJUGES her GUILTY of the crime charged in Count One of the Second Superseding 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 JACQULYN HARDY, and prepare a presentence report for the Court;

2. The Government and Hardy are to provide their versions of the offense to the probation officer by June 30, 2015;

3. The presentence report is to be disclosed to Hardy, defense counsel, and the United States on or before August 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 August 28, 2015;

5. The Office of Probation shall submit the presentence report with addendum to the Court on or before September 8, 2015; 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 September 21, 2015.

The magistrate judge continued Hardy on bond pursuant to the Order Setting Conditions of Release (dkt. no. 71) entered on April 1, 2015.

The Court will conduct the sentencing hearing for the defendant on Wednesday, September 30, 2015 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, the defendant and all appropriate agencies. DATED: June 16, 2015

/s/ Irene M. Keeley

IRENE M. KEELEY

UNITED STATES DISTRICT JUDGE


Summaries of

United States v. Hardy

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
Jun 16, 2015
CRIMINAL NO. 1:14CR98-3 (N.D.W. Va. Jun. 16, 2015)
Case details for

United States v. Hardy

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. JACQULYN HARDY, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

Date published: Jun 16, 2015

Citations

CRIMINAL NO. 1:14CR98-3 (N.D.W. Va. Jun. 16, 2015)