Order — United States v. Sean Patrick Boyd Jr. (Dkt. 35)

Summary

Document 35 in Case 2:23-cr-00123 is an Order dated November 22, 2023, recording that on November 21, 2023, the plea agreement between the United States and the defendant was ORDERED filed. The defendant withdrew the plea of NOT GUILTY to the single-count indictment and entered a plea of GUILTY, which the court accepted, finding the defendant convicted of one violation of Title 18, United States Code, Section 2315. The presentence report is to be disclosed by December 27, 2023, and submitted to the court by January 24, 2024. Sentencing is set for 1:30 p.m. on February 7, 2024, and sentencing memoranda may be filed on or before January 31, 2024. The defendant remains on the same bond.

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Full text

     Case 2:23-cr-00123   Document 35    Filed 11/22/23   Page 1 of 4 PageID #: 80



                        UNITED STATES DISTRICT COURT
                     SOUTHERN DISTRICT OF WEST VIRGINIA
                                AT CHARLESTON


UNITED STATES OF AMERICA


v.                                      CRIMINAL ACTION NO. 2:23-00123


SEAN PATRICK BOYD, JR.


                                   O R D E R


              On the 21st day of November 2023, the United States of

America appeared by Jonathan T. Storage, Assistant United States

Attorney, and the defendant appeared in person and by Emily

Szopinski, Assistant Federal Public Defender.


              Counsel for the United States presented to the court

the plea agreement between the United States and the defendant,

which plea agreement is ORDERED filed.


              The defendant informed the court that he wished to

withdraw his plea of NOT GUILTY to the single-count indictment

in this action and enter the plea of guilty to that count.

After the court explained to him the charge contained in the

single-count indictment, the defendant withdrew his plea
  Case 2:23-cr-00123   Document 35   Filed 11/22/23   Page 2 of 4 PageID #: 81



of NOT GUILTY and entered the plea of GUILTY as charged in the

single-count indictment.


            Before accepting the plea, the court personally

addressed the defendant pursuant to Rule 11, Federal Rules of

Criminal Procedure, and informed the defendant of the nature of

the charge contained in the single-count indictment, the

elements of the offense and the rights to which the defendant is

entitled.


            The court being satisfied from the admissions of the

defendant that a factual basis exists for the plea, and further

that the plea was made voluntarily and that the defendant

understands the nature of the charge, the elements of the

offense, the mandatory minimum penalty, if any, and the maximum

possible penalty provided by law for the offense to which the

plea is offered, and the terms of and waivers in the plea

agreement, defendant's plea is hereby accepted and the written

plea of guilty executed by the defendant in the presence of the

court is ORDERED filed.


            Accordingly, IT IS ADJUDGED that the defendant, upon

his plea of GUILTY, is hereby found guilty and convicted of one




                                     2
  Case 2:23-cr-00123   Document 35   Filed 11/22/23   Page 3 of 4 PageID #: 82



violation of Title 18, United States Code, Section 2315, as

charged in the single-count indictment.


           The court advised the defendant that it accepted the

plea agreement, having found that the agreement protects the

rights of the defendant and is in the best interests of justice.


           It is ORDERED that the Probation Department of this

court shall conduct a presentence investigation of the defendant

and disclose the presentence report to the defendant and to

counsel by December 27, 2023; counsel shall communicate to the

Probation Department by January 10, 2024, any objections to the

presentence report; the presentence report, together with an

addendum setting forth any unresolved objections, shall be

submitted to the court by January 24, 2024; and the defendant

shall appear before the court for sentencing at 1:30 p.m. on

February 7, 2024.



           Unless otherwise ordered, the probation officer is

directed not to disclose the probation officer's sentencing

recommendation except to the court.




                                     3
  Case 2:23-cr-00123   Document 35    Filed 11/22/23   Page 4 of 4 PageID #: 83



           It is ORDERED that the government and the defendant

may file a sentencing memorandum addressing the sentencing

factors set forth in 18 U.S.C. § 3553(a) on or before

January 31, 2024.


           The defendant remains on the same bond with the same

terms and conditions as heretofore.


           The Clerk is directed to forward copies of this order

to the defendant, all counsel of record, the United States

Probation Department, and the United States Marshal.



                             DATED:       November 22, 2023




                                      4


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