Opinion
CRIMINAL NO. 1:17CR17-07
06-16-2017
UNITED STATES OF AMERICA, Plaintiff, v. ROBIN STONEKING, Defendant.
( ) ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE (DKT. NO. 143) , ACCEPTING GUILTY PLEA, AND SCHEDULING SENTENCING HEARING
On May 30, 2017, the defendant, Robin Stoneking ("Stoneking"), appeared before United States Magistrate Judge Michael J. Aloi and moved for permission to enter a plea of GUILTY to Count Four of the Indictment. Stoneking 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 Stoneking's statements during the plea hearing and the testimony of Brad Dumire, Investigator, Office of the Insurance Commissioner, State of West Virginia, the magistrate judge found that Stoneking 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 30, 2017, the magistrate judge entered an Report and Recommendation Concerning Plea of Guilty in Felony Case ("R&R") (dkt. no. 43) finding a factual basis for the plea and recommended that this Court accept Stoneking's plea of guilty to Count Four 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. After which, the parties did not file any objections.
Accordingly, this Court ADOPTS the magistrate judge's R&R, ACCEPTS Stoneking's guilty plea, and ADJUGES her GUILTY of the crime charged in Count Four 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 Stoneking, and prepare a presentence report for the Court;
2. The Government and Stoneking shall provide their versions of the offense to the probation officer by June 23, 2017;
3. The presentence report shall be disclosed to Stoneking, defense counsel, and the United States on or before August 23, 2017; 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 report on or before September 7, 2017;
5. The Office of Probation shall submit the presentence report with addendum to the Court on or before September 21, 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 September 21, 2017.
The magistrate judge continued Stoneking on bond pursuant to the Order Setting Conditions of Release (dkt. no. 47) entered on March 29, 2017.
The Court will conduct the sentencing hearing for the defendant on Wednesday, October 4, 2017 at 2:00 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 and all appropriate agencies. DATED: June 16, 2017
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE