Opinion
Criminal No. 1:05CR48-2.
August 31, 2005
ORDER ACCEPTING AND ADOPTING MAGISTRATE JUDGE'S RECOMMENDATION THAT DEFENDANT'S GUILTY PLEA BE ACCEPTED AND SCHEDULING SENTENCING HEARING
On August 3, 2005, defendant, Sarah Dalton McClure, appeared before United States Magistrate Judge John S. Kaull and moved this Court for permission to enter a plea of GUILTY to Count Two of the Indictment. The defendant 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 the defendant's statements during the plea hearing and the testimony of Anthony Branch, a United States Postal Service inspector, the magistrate judge found that the defendant was competent to enter a plea, that the plea was freely and voluntarily given, that the defendant was aware of the nature of the charges against her and the consequences of the charges against her and the consequences of her plea, and that a factual basis existed for the tendered plea. On August 5, 2005, the magistrate judge entered an order finding a factual basis for the plea and recommended that this Court accept the plea of guilty to Count Two of the Indictment.
The magistrate judge also directed the parties to file any written objections to the report and recommendation within ten (10) days after service of the report and recommendation. 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 report and recommendation.
The parties did not file any objections. Accordingly, this Court finds that the magistrate judge's recommendation should be AFFIRMED and ACCEPTS the plea of guilty to Count Two of the Indictment.
The Court ADJUGES the defendant GUILTY of the crime charged in Count Two. Pursuant to Fed.R.Crim.P. 11(e) (2) and U.S.S.G. § 6B1.1(c), acceptance of the proposed plea agreement and stipulated addendum to the plea agreement, is DEFERRED until the Court has received and reviewed the presentence report prepared in this matter.
Pursuant to U.S.S.G. § 6A1 et seq., it is hereby ORDERED that:
1. The Probation Office undertake a presentence investigation of SARAH DALTON McLURE and prepare a presentence report for the Court;
2. The Government and the defendant are to provide their versions of the offense to the probation officer by September 12, 2005;
3. The presentence report be disclosed to the defendant, defense counsel, and the United States on or before October 6, 2005; however, the Probation Officer is directed not to disclose the sentencing recommendations made pursuant to Fed.R.Crim.P. 32 (b) (6) (A);
4. Counsel shall file WRITTEN OBJECTIONS to the presentence report and may file a SENTENCING MEMORANDUM that evaluates sentencing factors the parties believe to be relevant under 18 U.S.C. § 3553(a) (including the sentencing range under the advisory Guidelines) and explains any proposed sentence, on or before October 20, 2005;
5. The Office of Probation submit to the Court the presentence report with addendum on or before November 3, 2005;
6. Sentencing is set for November 28, 2005 at 10:00 a.m.
7. The Court continued defendant's unsecured personal recognizance bond in order to ensure her appearance before this Court at such times and places as the Court may direct with the standard conditions of bond.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to counsel of record, the defendant and all appropriate agencies.