IRENE M. KEELEY, District Judge.
On October 3, 2016, the defendant, Christopher Plaugher ("Plaugher"), appeared before United States Magistrate Judge Michael J. Aloi and moved for permission to enter a plea of GUILTY to Counts One and Four of the Indictment. After Plaugher 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.
Based upon Plaugher's statements during the plea hearing and the testimony of Agent Kenneth Grace, United States Bureau of Alcohol, tobacco, Firearms, and Explosives, the magistrate judge found that Plaugher 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 October 3, 2016, the magistrate judge entered a Report and Recommendation Concerning Plea of Guilty in Felony Case ("R&R") (dkt. no. 24) finding a factual basis for the plea and recommending that this Court accept Plaugher's plea of guilty to Counts One and 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. The parties did not file any objections to the R&R.
Accordingly, this Court
Pursuant to Fed. R. Crim. P. 11(c)(3) and U.S.S.G. § 6B1.1(c), the Court
Pursuant to U.S.S.G. § 6A1
2. The Government and Plaugher are to provide their versions of the offense to the probation officer by
3. The presentence report is to be disclosed to Plaugher, defense counsel, and the United States on or before
4. Counsel may file written objections to the presentence report on or before
5. The Office of Probation shall submit the presentence report with addendum to the Court on or before
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
The magistrate judge continued Plaugher on bond pursuant to the Order Setting Conditions of Release (dkt. no. 9) entered on August 17, 2016.
The Court will conduct the sentencing hearing for the defendant on
It is so
The Clerk is directed to transmit copies of this Order to counsel of record, the defendant and all appropriate agencies.