Court filing — No. 2:25-cr-00165 (Dkt. 36, S.D. W. Va.)
Full text
Case 2:25-cr-00165 Document 36 Filed 01/23/26 Page 1 of 5 PageID #: 138
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
UNITED STATES OF AMERICA
v. CRIMINAL NO. 2:25-00165
RODERICK TYRONE BOYD
MEMORANDUM OPINION AND ORDER
In Charleston, on January 21, 2026, came the defendant,
Roderick Tyrone Boyd in person and by counsel, David R. Bungard,
Assistant Federal Public Defender, and came the United States by
Judson MacCallum, Assistant United States Attorney, for the
purpose of considering the defendant’s pleas of guilty to the
indictment, charging him with violations of Title 21, United
States Code, Section 841(a)(1) and Title 18, United States Code,
Section 2, knowingly and intentionally distribution of a quantity
of fentanyl and aiding abetting the same. Olivya Atik Jones,
United States Probation Officer, appeared on behalf of the United
States Probation Department.
The court inquired of the defendant, addressing him
personally and by counsel, to determine the competency of the
defendant to proceed. The court found the defendant competent.
The court inquired of the defendant, his counsel and
counsel for the United States as to the advantages which accrue
Case 2:25-cr-00165 Document 36 Filed 01/23/26 Page 2 of 5 PageID #: 139
to the defendant and the United States by virtue of the pleas of
guilty as opposed to a trial on the merits. The court informed
the defendant of the maximum penalties to which he will be
exposed by virtue of his pleas of guilty and defendant
acknowledged his understanding of the same.
After considering comments by counsel, the court found the
defendant’s decision to enter guilty pleas to be fair to the
interests of both the defendant and the United States for the
reasons stated in court. The court then conditionally approved
the guilty pleas in the interest of the administration of justice.
The court next inquired as to the defendant’s pleas and
the defendant responded that he intended to plead guilty. The
court explained the statutes under which this action is prosecuted
and the elements which the United States would have had to prove,
beyond a reasonable doubt, had the matter been tried. The
Assistant United States Attorney then stated the factual basis
establishing that the defendant committed the offenses to which he
was pleading guilty. The defendant admitted that the factual
basis as stated was substantially true.
The court informed the defendant, pursuant to the
requirements of Rule 11 of the Federal Rules of Criminal
Procedure, of the constitutional rights he would waive by
pleading guilty to the two counts of the indictment, which are
2
Case 2:25-cr-00165 Document 36 Filed 01/23/26 Page 3 of 5 PageID #: 140
felonies. The court then determined that the defendant
understood those rights. The court advised the defendant that he
could not withdraw his pleas if he was dissatisfied with the
sentence rendered.
The court inquired of the defendant personally as to
whether any threats or promises had been made to him to induce
him to plead, whether any predictions were made regarding the
sentence he might receive, and whether he had any second thoughts
about entering the pleas of guilty, to which questions the
defendant responded in the negative.
Based upon the defendant’s pleas of guilty, as well as
his factual admission of guilt, the court found that there
existed a factual and legal basis for the defendant’s pleas of
guilty. Based upon the United States’ proffer of evidence
against the defendant, the court found that there also existed an
independent factual basis for the defendant’s pleas of guilty.
The court further found that the defendant tendered his pleas of
guilty voluntarily and with a full understanding and awareness of
the constitutional and other rights which he gives up by pleading
guilty, and with an awareness of what the United States would
have to prove against him if the case went to trial. The court
further found that the defendant had an appreciation of the
3
Case 2:25-cr-00165 Document 36 Filed 01/23/26 Page 4 of 5 PageID #: 141
consequences of his pleas and accepted the defendant’s pleas of
guilty to the two-count Indictment.
Pursuant to Sentencing Guideline § 6B1.1(c), the court
deferred an adjudication of guilt pending receipt of the
presentence investigation report. Accordingly, the court
adjudges and the defendant now stands provisionally guilty of
Counts One and Two of the Indictment.
The court scheduled the disposition of this matter for
May 19, 2026, at 11:00 a.m., in Charleston. The Probation
Department is directed to conduct a presentence investigation in
this matter and to provide a report to this court. Unless
otherwise directed by this court, the probation officer is not to
disclose the officer’s sentencing recommendation to anyone except
the court.
Sentencing Memoranda are NOT required in all cases. If,
however, either party intends to ask for a sentence outside the
guidelines as calculated in the PSI, a sentencing memorandum must
be filed indicating the extent of any requested
variance/departure as well as the reasons supporting such a
request. Any sentencing memorandum must be filed no later TWO
business days prior to the sentencing hearing.
The defendant was remanded to the custody of the United
States Marshal.
4
Case 2:25-cr-00165 Document 36 Filed 01/23/26 Page 5 of 5 PageID #: 142
The Clerk is directed to send a copy of this Memorandum
Opinion and Order to counsel of record, the United States Marshal
for the Southern District of West Virginia and the Probation
Office of this court.
IT IS SO ORDERED this 23rd day of January, 2026.
ENTER:
David A. Faber
Senior United States District Judge
5