Order (Guilty Plea) — U.S. v. Lomax

Record facts

U.S. District Court, Southern District of West Virginia · No. 2:25-cr-00057 · Doc. 16 · 2025-04-23 · Docket on CourtListener

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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. 2:25-cr-00057 
 
JAMES LOMAX, 
 
Defendant. 
 
 
 
 
ORDER 
 
 
On the 23rd day of April 2025, came the Defendant, James Lomax, in person and by 
counsel, Gabriele Wohl, and also came the United States by Andrew Tessman, AUSA, for the 
purpose of the Defendant’s entry of a plea of guilty to the charge contained in the single-count 
Information 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. 
Mr. Tessman 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 Information.  The Court inquired as to the 
Defendant's plea.  The Defendant then pled guilty to the charge contained in the single-count 
Information. 
The Court inquired, pursuant to the requirements of Fed. R. Crim. P. 7(b), regarding the 
Defendant’s understanding of his right to require the United States to proceed by way of 
indictment.  After thorough explanation by the Court of his right to indictment, the Defendant 
executed a Waiver of Indictment which was witnessed by his counsel and ordered filed by the 
Court.  After considering the Defendant’s responses to inquiries made by the Court, the Court 
found that the Defendant had made a knowing, voluntary, and intelligent waiver of the right to 
proceed by way of indictment.   
The Court read the pertinent portion of 18 U.S.C. § 641 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 
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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. 
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, James Lomax, guilty, and the Defendant now stands convicted of 
violating 18 U.S.C. § 641.   
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 June 18, 2025; that the 
United States Attorney and counsel for the Defendant file objections to the draft presentence report 
with the Probation Office no later than July 2, 2025; that the Probation Office submit a final 
presentence report to the Court no later than July 17, 2025; and that the United States and counsel 
for the Defendant file a sentencing memorandum no later than July 24, 2025.  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. 
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Pursuant to United States v. Booker, 543 U.S. 220 (2005) and United States v. Hughes, 
401 F.3d 540 (4th Cir. 2005), the United States 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 
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 August 7, 2025, 
at 10:00 a.m., and that the Defendant be released upon execution of a $10,000 personal 
recognizance bond, subject to the standard conditions of release in this district.  In addition, the 
Court ORDERS the Defendant to comply with the following special condition of release:  The 
Defendant shall appear for sentencing on August 7, 2025, 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: 
April 23, 2025 
 
 
 
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