United States District Court, N.D. West Virginia
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE AND
RECOMMENDING MOTIONS TO SUPPRESS BE DENIED (DKT. NO. 44),
ACCEPTING GUILTY PLEA, AND SCHEDULING SENTENCING
M. KEELEY UNITED STATES DISTRICT JUDGE.
August 26, 2019, the defendant, James G. Moore, Jr.
(“Moore”), appeared before United States
Magistrate Judge Michael J. Aloi and moved for permission to
enter a plea of GUILTY to Count Two of the Superseding
Indictment. After Moore 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.
upon Moore's statements during the plea hearing and the
testimony of Heather Kozik, Special Agent, Bureau of Alcohol,
Tobacco, Firearms, and Explosives, the magistrate judge found
that Moore 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
August 27, 2019, the magistrate judge entered a Report and
Recommendation Concerning Plea of Guilty in Felony Case
(“R&R”) (dkt. no. 44) finding a factual basis
for the plea and recommending that this Court accept
Moore's plea of guilty to Count Two of the Indictment.
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.
this Court ADOPTS the magistrate judge's
R&R concerning Moore's plea of guilty,
ACCEPTS Moore's guilty plea, and
ADJUGES him GUILTY of the
crime charged in Count Two of the Indictment.
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.
to U.S.S.G. § 6A1 et seq., the Court
ORDERS as follows:
Probation Officer shall undertake a presentence investigation
of Moore, and prepare a presentence report for the Court;
Government and Moore shall provide their versions of the
offense to the probation officer by September 23,
presentence report shall be disclosed to Moore, defense
counsel, and the United States on or before November
22, 2019; however, the Probation Officer shall not
disclose any sentencing recommendations made pursuant to Fed.
R. Crim. P. 32(e)(3);
Counsel may file written objections to the presentence report
on or before December 13, 2019;
Office of Probation shall submit the presentence report with
addendum to the Court on or before December 23,
Counsel may file any written sentencing statements and
motions for departure from the Sentencing Guidelines,
including the factual basis from the ...