Opinion
CRIMINAL ACTION 5:23-cr-00197
06-04-2024
UNITED STATES OF AMERICA v. JALEN O. THOMAS
ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATION
Frank W. Volk, United States District Judge
On May 13, 2024, all counsel and the Defendant appeared for a guilty plea hearing. Count Two charges the Defendant with being a felon in possession of a firearm in violation of 18 U.S.C. §§922(g)(1) and 924(a)(8). [ECF 22]. The Honorable Omar J. Aboulhosn, United States Magistrate Judge, to whom the hearing was referred, filed his proposed findings and recommendation (“PF&R”) on May 13, 2024. [ECF 52]. He recommends conditional acceptance of the Defendant's guilty plea. [Id. at 8]. Objections in this case were due on May 30, 2024. No objections were filed.
Accordingly, the Court ADOPTS the PF&R [ECF 52] and DEFERS acceptance of the plea agreement pending sentencing. The Defendant is ADJUDGED guilty and convicted of violating the statute charged. All dates and case events in the PF&R were continued by Order [ECF 53].
On page 3 of the PF&R, Magistrate Judge Aboulhosn provides the possible statutory maximum sentence that could be imposed upon Mr. Thomas for a conviction or adjudication of guilty on “Count Three.” However, inasmuch as Mr. Thomas pled to Count Two of the Indictment, the Court notes that this should be Count Two.
The Court DIRECTS the Clerk to transmit a copy of this Order to the Defendant and his counsel, the United States Attorney, the United States Probation Office, and the Office of the United States Marshal.