Order Accepting Guilty Plea — United States v. Lydia Spencer

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00053 · Doc. 11 · 2024-04-05 · 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. 2:24-cr-00053 
 
LYDIA SPENCER, 
 
Defendant. 
 
 
 
 
ORDER 
 
 
On the 5th day of April 2024, came the Defendant, Lydia Spencer, in person and by counsel, 
Rachel E. Zimarowski, AFPD, and also came the United States by Holly J. Wilson, 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 her. 
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. Wilson summarized and offered for the Court's consideration the entirety of the written 
plea agreement in this case signed by both the Defendant and her 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 Information. 
The Court inquired, pursuant to the requirements of Fed. R. Crim. P. 7(b), regarding the 
Defendant’s understanding of her right to require the United States to proceed by way of indictment.  
After thorough explanation by the Court of her right to indictment, the Defendant executed a Waiver 
of Indictment which was witnessed by her 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. § 1349 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 she considered herself 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 her constitutional 
and other legal rights. 
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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 her counsel and 
ordered filed by the Court.  The Court accepted the Defendant's plea.  Accordingly, the Court 
ADJUDGES the Defendant, Lydia Spencer, guilty, and the Defendant now stands convicted of 
violating 18 U.S.C. § 1349. 
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 3, 2024; that the United States 
Attorney and counsel for the Defendant file objections to the draft presentence report with the 
Probation Office no later than June 17, 2024; that the Probation Office submit a final presentence 
report to the Court no later than July 1, 2024; and that the United States and counsel for the Defendant 
file a sentencing memorandum no later than July 10, 2024.  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 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 
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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 July 25, 2024, at 
10:00 a.m., and that the Defendant be detained pending sentencing.  The Court DIRECTS that the 
Defendant be committed to the custody of the United States Marshal for confinement and that the 
United States Marshals Service transport the Defendant from his location of confinement to his 
sentencing hearing.   
The Court further DIRECTS that the Defendant be afforded reasonable opportunity for 
private consultation with counsel.  Finally, the Court DIRECTS that, on order of a Court of the 
United States or on request of an attorney for the United States, the person in charge of the correction 
facility in which the Defendant is confined deliver the Defendant for the purpose of an appearance in 
connection with court proceedings. 
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 5, 2024 
 
 
 
 
 
 
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