Plea Hearing as to Malik Breckenridge — United States v. Breckenridge (Dkt. 29, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00084 · Doc. 29 · 2022-07-28 · Docket on CourtListener

Full text

District Judge Daybook Entry
Date:
7/28/2022
2:22-cr-00084
Case Number
USA vs. Malik  Breckenridge
Case Style
Plea Hearing
Type of hearing
2516-Berger
Before the Honorable:
Lisa Cook
Court Reporter
Kierstin Tudor
Courtroom Deputy
Kathleen Robeson
Attorney(s) for the Plaintiff or Government
Rhett Johnson
Attorney(s) for the Defendant(s)
Danny Schwaber
Law Clerk
Kiara Carper
Probation Officer
United States District Court - Southern District of West Virginia at Charleston
Court Times
Start Time
Stop Time
Court Time Description
11:35 AM
12:19 PM
Non-Trial Time/Uncontested Time
Non-Trial Time/Uncontested Time 00:44
Courtroom Notes
Scheduled Start 11:30 a.m.
Actual Start 11:35 a.m.
Defendant present in person and by counsel.
Counsel note appearances on the record.
Defendant placed under oath.
Court FINDS Defendant competent to go forward.
Ms. Robeson summarizes plea agreement.
Court DEFERS acceptance of plea agreement but ORDERS original plea agreement filed.
Defendant waives reading of Indictment.
Defendant pleads guilty to Count One.
Court reads statute with which Defendant is charged.
Defendant advised of elements of offense which Government would have to prove at trial.
Defendant gives his account of the offense.
Government provides a proffer re: factual basis for the plea.
Defendant advised of the penalties which may apply based upon the plea.
Defendant advised of right to plead not guilty, to remain silent, and to stand trial.
Defendant executes written guilty plea form; same ORDERED filed.
Court FINDS Defendant is competent and capable of entering an informed plea.
Court FINDS sufficient factual basis for Defendant’s plea.
Court FINDS that Defendant understands the consequences of the plea.
Court FINDS that Defendant understands the rights being given up.
Court FINDS Defendant’s plea to be voluntary.
Court ACCEPTS plea.
Case 2:22-cr-00084     Document 29     Filed 07/28/22     Page 1 of 2 PageID #: 72

Court ADJUDGES Defendant guilty.
Sentencing SCHEDULED for November 17, 2022, at 10:00 a.m.
Defendant RELEASED on prior bond pending sentencing.
Court recessed at 12:19 p.m.
Case 2:22-cr-00084     Document 29     Filed 07/28/22     Page 2 of 2 PageID #: 73

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