Opinion
CRIMINAL NO. 1:15CR5-2
03-24-2015
UNITED STATES OF AMERICA, Plaintiff, v. BRITTANY FAITH HURST, 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 February 25, 2015, defendant, Brittany Faith Hurst ("Hurst"), appeared before United States Magistrate Judge John S. Kaull and moved for permission to enter a plea of GUILTY to Count Five of the Indictment. Hurst 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 Hurst's statements during the plea hearing and the testimony of Officer Lawrence Sylvester, the magistrate judge found that Hurst was competent to enter a plea, that her 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 March 2, 2015, the magistrate judge entered an Opinion/Report and Recommendation Concerning Plea of Guilty in Felony Case ("R&R") (dkt. no. 40) finding a factual basis for the plea and recommended that this Court accept Hurst's plea of guilty to Count Five 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. On March 9, 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. 42).
Accordingly, this Court ADOPTS the magistrate judge's R&R, ACCEPTS Hurst's guilty plea, and ADJUGES her GUILTY of the crime charged in Count Five 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 BRITTANY FAITH HURST, and prepare a presentence report for the Court;
2. The Government and Hurst are to provide their versions of the offense to the probation officer by April 6, 2015;
3. The presentence report is to be disclosed to Hurst, defense counsel, and the United States on or before May 22, 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 June 5, 2015;
5. The Office of Probation shall submit the presentence report with addendum to the Court on or before June 19, 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 July 6, 2015.
The magistrate judge remanded Hurst to the custody of the United States Marshal Service.
The Court will conduct the sentencing hearing for the defendant on Friday, July 10, 2015 at 3:30 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: March 24, 2015
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE