Order Accepting Guilty Plea — United States v. Gary Lomax

Record facts

U.S. District Court, Southern District of West Virginia · No. 2:24-cr-00114 · Doc. 17 · 2024-08-07 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF WEST VIRGINIA 
AT CHARLESTON 
 
 
 
UNITED STATES OF AMERICA 
 
 
 
v. 
 
 
 
 
 
CRIMINAL ACTION NO. 2:24-00114  
 
 
 
GARY LOMAX 
 
 
 
O R D E R 
 
 
 
 
On the 6th day of August 2024, the United States of 
America appeared by Andrew J. Tessman, Assistant United States 
Attorney, and the defendant appeared in person and by Gerald M. 
Titus, III, his counsel.    
 
 
 
Counsel for the United States informed the court that 
a single-count information had been filed on July 15, 2024, 
charging the defendant with one violation of Title 18, United 
States Code, Section 641. 
 
 
 
After the court advised defendant of his right under 
Rule 7 of the Federal Rules of Criminal Procedure to be charged 
Case 2:24-cr-00114     Document 17     Filed 08/07/24     Page 1 of 5 PageID #: 44

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by indictment, the defendant waived in writing in the presence 
of the court and his counsel prosecution by indictment and 
consented that the proceeding be by information, which written 
waiver is ORDERED filed. 
 
 
 
Counsel for the United States presented to the court 
the plea agreement between the United States and the defendant, 
which plea agreement is ORDERED filed.  
 
 
 
The defendant informed the court that he wished to 
enter a plea of GUILTY to the single-count information.  After 
the court explained the charge contained in the single-count 
information, the defendant entered the plea of GUILTY as charged 
in the single-count information.  
 
 
 
Before accepting the plea, the court personally 
addressed the defendant pursuant to Rule 11, of the Federal 
Rules of Criminal Procedure, and informed the defendant of the 
nature of the charge contained in the single-count information, 
the elements of the offense, and the rights to which the 
defendant is entitled.   
 
 
 
The court being satisfied from the admissions of the 
defendant that a factual basis exists for the plea, and further 
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that the plea was made voluntarily and that the defendant 
understands the nature of the charge, the elements of the 
offense, the mandatory minimum penalty, if any, and the maximum 
possible penalty provided by law for the offense to which the 
plea is offered, and the terms of and waivers in the plea 
agreement, defendant's plea is hereby accepted and the written 
plea of guilty executed by the defendant in the presence of the 
court is ORDERED filed.  
 
 
 
The court advised the defendant that it accepted the 
plea agreement, having found that the agreement protects the 
rights of the defendant and is in the best interests of justice.   
 
 
 
Accordingly, IT IS ADJUDGED that the defendant, upon 
his plea of GUILTY, is hereby found guilty and convicted of one 
violation of Title 18, United States Code, Section 641, as 
charged in the single-count information in this case.   
 
 
 
It is ORDERED that the Probation Department of this 
court shall conduct a presentence investigation of the defendant 
and disclose the presentence report to the defendant and to 
counsel by October 2, 2024; counsel shall communicate to the 
Probation Department by October 16, 2024, any objections to the 
presentence report; the presentence report, together with an 
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addendum setting forth any unresolved objections, shall be 
submitted to the court by October 30, 2024; and the defendant 
shall appear before the court for sentencing at 1:30 p.m. on 
November 13, 2024.   
 
Unless otherwise ordered, the probation officer is 
directed not to disclose the probation officer's sentencing 
recommendation except to the court. 
 
 
 
It is ORDERED that the government and the defendant 
may file a sentencing memorandum addressing the sentencing 
factors set forth in 18 U.S.C. § 3553(a) on or before  
November 6, 2024.   
 
 
 
Upon oral motion of the defendant in open court, the 
defendant requested release on bond to which the government had 
no objection.  The motion was GRANTED as more fully set forth on 
the record and the defendant was ordered released on a $10,000 
Unsecured Appearance Bond with the conditions set forth in the 
Appearance Bond and Order Setting Conditions of Release filed on 
August 6, 2024. 
 
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The Clerk is directed to forward copies of this order 
to the defendant, all counsel of record, the United States 
Probation Department, and the United States Marshal. 
 
 
 
 
 
 
DATED:  August 7, 2024 
 
 
Case 2:24-cr-00114     Document 17     Filed 08/07/24     Page 5 of 5 PageID #: 48

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