Opinion
Crim. Action 1:20CR38-1
07-15-2021
UNITED STATES OF AMERICA, Plaintiff, v. TYREESE MARSH, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE [DKT. NO. 132], ACCEPTING GUILTY PLEA, AND SCHEDULING SENTENCING HEARING
THOMAS S. KLEEH, UNITED STATES DISTRICT JUDGE
On June 16, 2021, the Defendant, Tyreese Marsh (“Marsh”), appeared before United States Magistrate Judge Michael J. Aloi and moved for permission to enter a plea of GUILTY to Count Two of the Indictment, charging him with Possession with Intent to Distribute 50 Grams or More of Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A)(viii). Marsh stated that he understood that the magistrate judge is not a United States District Judge, and Marsh consented to pleading before the magistrate judge. This Court referred Marsh'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 Marsh'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 Marsh was competent to enter a plea, that the plea was freely and voluntarily given, that Marsh 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. 132] finding a factual basis for the plea and recommending that this Court accept Marsh's plea of guilty to Count Two of the Indictment.
Pursuant to Rule 36 of the Federal Rules of Criminal Procedure, the Court hereby corrects a clerical error made in the record. The Report and Recommendation [Dkt. No. 132] mistakenly states that Defendant was remanded to the custody of the United States Marshals Service following his plea hearing. However, on February 18, 2021, Defendant's detention order was revoked and Defendant was released subject to the conditions of release therein. [Dkt. No. 112]. Defendant's conditions of release were modified by Order Granting Defendant's Motion to Relocate to Michigan Pending Sentencing [Dkt. No. 135] on June 25, 2021. The Order [Dkt. No. 135] remains in effect until further order of this Court.
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 Marsh nor the Government filed objections to the R&R.
Accordingly, this Court ADOPTS the magistrate judge's R&R [Dkt. No. 132], provisionally ACCEPTS Marsh's guilty plea, and ADJUDGES him GUILTY of the crime charged in Count Two 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 Marsh, and prepare a presentence investigation report for the Court;
2. The Government and Marsh 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 Marsh, 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 Marsh on November 29, 2021, at 12:30 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.