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Home Court filings N.D. W. Va. No. 1:26-cr-00016 Order adopting report and recommendation on guilty plea

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Order adopting report and recommendation on guilty plea

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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

CourtU.S. District Court for the Northern District of West Virginia
Filed2026-08-14

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“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.

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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.




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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.

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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




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