Opinion
CRIMINAL NO. 1:16CR41-02
11-28-2016
UNITED STATES OF AMERICA, Plaintiff, v. COLE LEGGETT, Defendant.
( ) ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE (DKT. NO. 69) , ACCEPTING GUILTY PLEA, AND SCHEDULING SENTENCING HEARING
On November 10, 2016, the defendant, Cole Leggett ("Leggett"), 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. After Leggett stated that he understood that the magistrate judge is not a United States District Judge, he consented to tendering his plea before the magistrate judge. Previously, 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 Leggett's statements during the plea hearing and the testimony of Sean Sweeney, a Special Agent with the U.S. Food and Drug Administration, the magistrate judge found that Leggett was competent to enter a plea, that the plea was freely and voluntarily given, that he 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. On November 14, 2016, the magistrate judge entered a Report and Recommendation Concerning Plea of Guilty in Felony Case ("R&R") (dkt. no. 69) finding a factual basis for the plea and recommending that this Court accept Leggett's plea of guilty to Count One 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. 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 to the R&R.
Accordingly, this Court ADOPTS the magistrate judge's R&R, ACCEPTS Leggett's guilty plea, and ADJUGES him GUILTY of the crime charged in Count One 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 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 Leggett, and prepare a presentence report for the Court;
2. The Government and Leggett are to provide their versions of the offense to the probation officer by December 6, 2016;
3. The presentence report is to be disclosed to Leggett, defense counsel, and the United States on or before February 6, 2017; 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 February 21, 2017;
5. The Office of Probation shall submit the presentence report with addendum to the Court on or before February 28, 2017; 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 28, 2017.
The magistrate judge continued Leggett on bond pursuant to the Order Setting Conditions of Release (dkt. no. 27) entered on August 12, 2016.
The Court will conduct the sentencing hearing for the defendant on Thursday, March 9, 2017 at 12:15 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: November 28, 2016
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE