Order as to Malik Breckenridge — United States v. Breckenridge (Dkt. 32, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00084 · Doc. 32 · 2022-07-28 · Docket on CourtListener

Full text

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IN THE UNITED STATES DISTRICT COURT 
 
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA 
 
 
 
CHARLESTON DIVISION 
 
 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v. 
 
 
 
 
 
 
CRIMINAL ACTION NO. 2:22-cr-00084 
 
MALIK BRECKENRIDGE, 
 
Defendant. 
 
 
 
ORDER 
 
 
On the 28th day of July 2022, came the Defendant, Malik Breckenridge, in person and by 
counsel, Rhett H. Johnson, AFPD, and also came the United States by Kathleen E. Robeson, 
AUSA, for the purpose of the Defendant’s entry of a plea of guilty to Count One of the Indictment 
filed against him. 
The Court inquired of the Defendant, both personally and through counsel, to determine 
the Defendant's competency.  The Court found the Defendant competent and capable of entering 
an informed plea. 
Ms. Robeson summarized and offered for the Court's consideration the entirety of the 
written plea agreement in this case signed by both the Defendant and his counsel.  The Court 
reserved acceptance of the plea agreement until sentencing but ordered the original plea agreement 
filed with the Clerk. 
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The Defendant waived the reading of the Indictment.  The Court inquired as to the 
Defendant's plea.  The Defendant then pled guilty to Count One of the Indictment. 
The Court read the pertinent portion of 18 U.S.C. § 1343 and explained the elements that 
the United States would have had to prove had this matter gone to trial.  After hearing and 
considering the Defendant's explanation of why he considered himself guilty and the proffer of the 
United States, and having considered the parties’ Stipulation, the Court found that there was a 
sufficient factual basis for the Defendant's plea of guilty. 
The Court further informed the Defendant, pursuant to the requirements of Fed. R. Crim. 
P. 11(c)(1), about the nature of the charge and the consequences of pleading guilty to the charge.  
After thoroughly explaining these issues and hearing and considering the Defendant's responses to 
the Court's questions, the Court found that the Defendant understood the nature of the charge and 
the consequences of pleading guilty. 
The Court also informed the Defendant, pursuant to the requirements of Fed. R. Crim. P. 
11(c)(3), (c)(4), of the constitutional and other legal rights the Defendant was giving up by 
pleading guilty.  After thoroughly explaining these issues and hearing and considering the 
Defendant's responses to the Court's questions, the Court found that the Defendant understood his 
constitutional and other legal rights. 
The Court then inquired of the Defendant, pursuant to the requirements of Fed. R. Crim. 
P. 11(d), to insure that the Defendant's plea was voluntary.  After hearing and considering the 
Defendant's responses to the Court's questions, the Court found that the Defendant's plea was 
voluntary. 
 
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The Defendant executed a written plea of guilty which was witnessed by his counsel and 
ordered filed by the Court.  The Court accepted the Defendant's plea.  Accordingly, the Court 
ADJUDGES the Defendant, Malik Breckenridge, guilty, and the Defendant now stands convicted 
of violating 18 U.S.C. § 1343.  The Court ORDERS that the previously scheduled trial date in 
this matter is VACATED. 
The Court ORDERS that the Probation Office prepare and forward a draft presentence 
report to the United States and counsel for the Defendant no later than September 22, 2022; that 
the United States Attorney and counsel for the Defendant file objections to the draft presentence 
report with the Probation Office no later than October 6, 2022; that the Probation Office submit a 
final presentence report to the Court no later than October 20, 2022; and that the United States 
and counsel for the Defendant file a sentencing memorandum no later than October 27, 2022.  
THE 
AFORESAID 
PRESENTENCE 
REPORT 
DEADLINES 
HAVE 
BEEN 
ESTABLISHED BY THE COURT AND MAY BE ALTERED ONLY BY THE COURT.  
REQUESTS TO EXTEND ANY DEADLINE SHALL BE SUBMITTED TO THE COURT 
IN WRITING IN ADVANCE OF THE ESTABLISHED DEADLINE.  SUCH DEADLINES 
WILL BE EXTENDED ONLY UPON GOOD CAUSE SHOWN. 
Pursuant to United States v. Booker, 543 U.S. 220 (2005) and United States v. Hughes, 
401 F.3d 540 (4th Cir. 2005), the Government and the Defendant are hereby ORDERED to file a 
Sentencing Memorandum addressing the sentencing factors set forth in 18 U.S.C. § 3553(a) as 
may pertain to this case.  The Sentencing Memorandum may also address such other matters not 
previously addressed in the form of motions or objections to the Presentence Report and may 
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include argument as to the appropriate sentence to be imposed.  Sentencing Memoranda shall be 
no more than five (5) pages in length. 
The Court ORDERS that final disposition of this matter be scheduled for November 17, 
2022, at 10:00 a.m., and that the Defendant be released upon the previously executed $10,000 
personal recognizance bond, subject to the conditions set forth in the Order Setting Conditions of 
Release previously filed herein.  In addition, the Court ORDERS the Defendant to comply with 
the following special condition of release:  The Defendant shall appear for sentencing on 
November 17, 2022, at 10:00 a.m. 
The Court DIRECTS the Clerk to send a copy of this Order to the Defendant and counsel, 
to the United States Attorney, to the United States Probation Office, and to the Office of the United 
States Marshal. 
ENTER: 
July 28, 2022 
 
 
 
Case 2:22-cr-00084     Document 32     Filed 07/28/22     Page 4 of 4 PageID #: 89

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