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Home Source documents Order (plea hearing), United States v. Lana Barker, No. 2:25-cr-00005 (S.D. W. Va.), Doc. 10 (March 3, 2025)

Order (plea hearing), United States v. Lana Barker, No. 2:25-cr-00005 (S.D. W. Va.), Doc. 10 (March 3, 2025)

Summary

Order in United States of America v. Lana Barker, Criminal Action No. 2:25-cr-00005, Southern District of West Virginia, Charleston Division, entered March 3, 2025. The order states that on March 3, 2025, Defendant Lana Barker, in person and by counsel Tim C. Carrico, entered a guilty plea to a Single Count Information charging structuring in violation of 31 U.S.C. § 5324(a)(3). It directs the Probation Office to prepare a presentence report, with a draft due no later than May 20, 2025, objections no later than June 4, 2025, and a final report no later than June 18, 2025. The Court schedules final disposition for July 1, 2025, at 2:00 p.m., requires Sentencing Memoranda of no more than ten (10) pages by June 25, 2025, and states the Defendant was released on a $10,000 unsecured bond.

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“Order (plea hearing), United States v. Lana Barker, No. 2:25-cr-00005 (S.D. W. Va.), Doc. 10 (March 3, 2025).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-plea-hearing-united-states-v-lana-barker-no-2-25-cr-00005-s-d-w-710f51639e/, SHA-256 beefe70458e62b779fcbaaa3407087fef0a9ab62f540c618d8853e807f7f5287.

Full text

                     IN THE UNITED STATES DISTRICT COURT
                 FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

                                  CHARLESTON DIVISION


UNITED STATES OF AMERICA,

                              Plaintiff,

v.                                                   CRIMINAL ACTION NO. 2:25-cr-00005

LANA BARKER,

                              Defendant.



                                              ORDER



       On March 3, 2025, came the United States of America, by Assistant United States Attorney

Gabriel Price, and also came the Defendant, Lana Barker, in person and by her attorney, Tim C.

Carrico during which Defendant, as more particularly set forth on the record, entered a guilty plea

to a Single Count Information, which charges her with structuring in violation of 31 U.S.C. §

5324(a)(3).

       Pursuant to U.S.S.G. § 6A1 et seq., it is hereby ORDERED that:

       1.      The Probation Office undertake a presentence investigation of the Defendant and

prepare a presentence report for the Court;

       2.      Pursuant to Federal Rule of Criminal Procedure 32(e)(3), the United States

Probation officer is directed not to disclose to the Defendant, the Defendant’s counsel, or the

attorney for the Government the Probation Officer’s recommendation, if any, on the sentence;

       3.      The Court ORDERS that the United States Probation Office prepare and forward

a draft presentence report to the United States and counsel for the Defendant no later than

May 20, 2025; that the United States Attorney and counsel for the Defendant file any objections
to the draft presentence report no later than June 4, 2025; and that the Probation Office submit a

final presentence report to the Court no later than June 18, 2025. The Court SCHEDULES final

disposition of this matter for July 1, 2025, at 2:00 p.m.

       4.       The Government and the Defendant must file a Sentencing Memorandum

addressing the sentencing factors set forth in 18 U.S.C. § 3553(a) as each party believes they may

pertain to this case. The Sentencing Memorandum must also address any such matters that have

not already been addressed in the form of motions or objections to the Presentence Report and may

include argument as to the sentence to be imposed. Any arguments as to the sentence imposed

must be individually and separately raised, and clearly addressed in the Sentencing Memorandum.

See, e.g., United States v. Ross, 912 F.3d 740, 744 (4th Cir. 2019) (requiring sentencing courts to

“address or consider all non-frivolous reasons presented for imposing a different sentence and

explain why [it] has rejected those arguments.” (citing United States v. Blue, 877 F.3d 513, 518

(4th Cir. 2017))).    The filing of the Sentencing Memorandum is MANDATORY.                    The

Sentencing Memoranda shall be no more than ten (10) pages in length, unless leave is granted by

the Court for additional pages and shall be filed with and received by the Clerk no later than June

25, 2025; and

       5.       The Defendant was released on a $10,000 unsecured bond.

       IT IS SO ORDERED.

       The Court DIRECTS the Clerk to send a copy of this Order to the Defendant and counsel,

the United States Attorney, the United States Probation Office, and the United States Marshal.

                                              ENTER:        March 3, 2025


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