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Order adopting report and recommendation on guilty plea
Summary
Order Adopting Magistrate Judge's Report and Recommendation Concerning Plea of Guilty in Felony Case [ECF No. 39], Accepting Guilty Plea, and Scheduling Sentencing Hearing, Doc. 41, dated August 14, 2026, in United States of America v. Kurt Sieu Ly, Crim. Action No. 1:26-CR-16, in the United States District Court for the Northern District of West Virginia. The order states that on July 27, 2026, Ly appeared before a magistrate judge and moved to plead guilty to Count One of the Indictment, charging Wire Fraud in violation of 18 U.S.C. § 1343. The court adopts the report and recommendation, provisionally accepts the plea, and defers acceptance of the proposed plea agreement until it has reviewed the presentence investigation report. It schedules the sentencing hearing for November 30, 2026.
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Record facts
| Court | U.S. District Court for the Northern District of West Virginia |
|---|---|
| Filed | 2026-08-14 |
Cite this document
“Order adopting report and recommendation on guilty plea.”
U.S. District Court for the Northern District of West Virginia, No. 1:26-cr-00016, Doc. 41, filed 2026-08-14. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/wvnd-1-26-cr-00016/2026-08-14-order-adopting-report-and-recommendation-on-guilty-plea/
, SHA-256 c0725653b8cb8435a3ea29a89cb592ca033881b60db758980458c43fb957a7f5.Full text
Case 1:26-cr-00016-TSK-MJA Document 41 Filed 08/14/26 Page 1 of 5 PageID #:
95
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
UNITED STATES OF AMERICA,
Plaintiff,
v. Crim. Action No.: 1:26-CR-16
(Judge Kleeh)
KURT SIEU LY,
Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY IN FELONY CASE [ECF NO. 39],
ACCEPTING GUILTY PLEA, AND SCHEDULING SENTENCING HEARING
On July 27, 2026, the Defendant, Kurt Ly (“Ly”), with a Court
Interpreter, appeared before United States Magistrate Judge
Michael J. Aloi and moved for permission to enter a plea of GUILTY
to Count One of the Indictment, charging him with Wire Fraud, in
violation of 18 U.S.C. § 1343.
This Court referred Ly’s plea of guilty to the magistrate
judge for the purpose of administering the allocution, pursuant to
Federal Rule of Criminal Procedure 11, making a finding as to
whether the plea was knowingly and voluntarily entered, and
recommending to this Court whether the plea should be accepted. Ly
stated that he understood that the magistrate judge is not a United
States District Judge, and Ly consented to pleading before the
magistrate judge.
Case 1:26-cr-00016-TSK-MJA Document 41 Filed 08/14/26 Page 2 of 5 PageID #:
96
USA v. LY 1:26-CR-16
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY IN FELONY CASE [ECF NO. 39],
ACCEPTING GUILTY PLEA, AND SCHEDULING SENTENCING HEARING
Based upon Ly’s statements during the plea hearing and the
Government’s proffer establishing that an independent factual
basis for the plea existed, the magistrate judge found that Ly was
competent to enter a plea, that the plea was freely and voluntarily
given, that Ly understood the charges against him and the
consequences of his plea, and that a factual basis existed for the
tendered plea. The magistrate judge issued a Report and
Recommendation Concerning Plea of Guilty in Felony Case (“R&R”)
[ECF No. 39] finding a factual basis for the plea and recommending
that this Court accept Ly’s plea of guilty to Count One of the
Indictment.
The magistrate judge released Ly on the terms of the Order
Setting Conditions of Release [ECF No. 11].
The magistrate judge also directed the parties to file any
written objections to the R&R within fourteen (14) days after
service of the R&R. He further advised that failure to file
objections would result in a waiver of the right to appeal from a
judgment of this Court based on the R&R. Neither Ly nor the
Government filed objections to the R&R.
2
Case 1:26-cr-00016-TSK-MJA Document 41 Filed 08/14/26 Page 3 of 5 PageID #:
97
USA v. LY 1:26-CR-16
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY IN FELONY CASE [ECF NO. 39],
ACCEPTING GUILTY PLEA, AND SCHEDULING SENTENCING HEARING
Accordingly, this Court ADOPTS the magistrate judge’s R&R
[ECF No. 39], provisionally ACCEPTS Ly’s guilty plea, and ADJUDGES
him GUILTY of the crime charged in Count One of the Indictment.
Pursuant to Fed. R. Crim. P. 11(c)(3) and U.S.S.G. § 6B1.1(c),
the Court DEFERS acceptance of the proposed plea agreement until
it has received and reviewed the presentence investigation report
prepared in this matter.
Pursuant to U.S.S.G. § 6A1 et seq., the Court ORDERS the
following:
1. The Probation Officer shall undertake a presentence
investigation of Ly, and prepare a presentence investigation
report for the Court;
2. The Government and Ly shall each provide their narrative
descriptions of the offense to the Probation Officer by August 21,
2026;
3. The presentence investigation report shall be disclosed
to Ly, his counsel, and the Government on or before September 25,
2026; however, the Probation Officer shall not disclose any
sentencing recommendations made pursuant to Fed. R. Crim. P.
32(e)(3);
3
Case 1:26-cr-00016-TSK-MJA Document 41 Filed 08/14/26 Page 4 of 5 PageID #:
98
USA v. LY 1:26-CR-16
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY IN FELONY CASE [ECF NO. 39],
ACCEPTING GUILTY PLEA, AND SCHEDULING SENTENCING HEARING
4. Written objections to the presentence investigation
report, if any, shall be submitted to the opposing party and to
the probation officer on or before October 9, 2026;
5. Responses to objections to the presentence investigation
report, if any, shall be submitted to the opposing party and to
the probation officer on or before October 16, 2026;
6. The Office of Probation shall submit the presentence
investigation report with addendum to the Court on or before
November 6, 2026; and
7. Counsel may file any written sentencing memoranda or
statements and motions for departure from the Sentencing
Guidelines, including the factual basis for the same, on or before
November 13, 2026.
The Court further ORDERS that prior to sentencing, Ly’s
counsel shall review with him the revised Standard Probation and
Supervised Release Conditions adopted by this Court on November
29, 2016, pursuant to the standing order entered by Chief Judge
Groh, In Re: Revised Standard Probation and Supervised Release
Conditions, 3:16-MC-56. The Office of Probation and the United
States are DIRECTED to sit at separate tables throughout the
sentencing hearing.
4
Case 1:26-cr-00016-TSK-MJA Document 41 Filed 08/14/26 Page 5 of 5 PageID #:
99
USA v. LY 1:26-CR-16
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY IN FELONY CASE [ECF NO. 39],
ACCEPTING GUILTY PLEA, AND SCHEDULING SENTENCING HEARING
The Court will conduct the Sentencing Hearing for Ly on
November 30, 2026, at 1:30 p.m., at the Clarksburg, West Virginia,
point of holding court. If counsel anticipates having multiple
witnesses or an otherwise lengthy sentencing hearing, please
notify the Judge’s chamber staff so that an adequate amount of
time can be scheduled.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to
counsel of record, the Office of Probation, and the United States
Marshals Service.
DATED: August 14, 2026
___________________________
THOMAS S. KLEEH, CHIEF JUDGE
NORTHERN DISTRICT OF WEST VIRGINIA
5
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