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Home Source documents Order (plea hearing), United States v. Michael P. Barker, No. 2:25-cr-00004 (S.D. W. Va.), Doc. 10 (March 3, 2025)

Order (plea hearing), United States v. Michael P. Barker, No. 2:25-cr-00004 (S.D. W. Va.), Doc. 10 (March 3, 2025)

Summary

Order (plea hearing) in United States of America v. Michael P. Barker, Criminal Action No. 2:25-cr-00004, Southern District of West Virginia, Charleston Division, Doc. 10, filed March 3, 2025. Defendant Michael P. Barker appeared on March 3, 2025 with attorney Tim C. Carrico, and Assistant United States Attorney Gabriel Price appeared for the United States; the order states that Defendant entered a guilty plea to a Single Count Information charging structuring in violation of 31 U.S.C. § 5324(a)(3). The Court directs a draft presentence report by May 12, 2025, objections by May 27, 2025, and a final report to the Court by June 9, 2025, with final disposition scheduled for June 23, 2025, at 2:00 p.m. Sentencing Memoranda are due June 16, 2025, and the Defendant was released on a $10,000 unsecured bond.

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Cite this document

“Order (plea hearing), United States v. Michael P. Barker, No. 2:25-cr-00004 (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-michael-p-barker-no-2-25-cr-00004-s-bbd4b49a11/, SHA-256 ab97ea40cfb0a7700441e222bbbcd6a403909ebf2fae50bf5d35214879e2e939.

Full text

     Case 2:25-cr-00004      Document 10       Filed 03/03/25     Page 1 of 2 PageID #: 18




                      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-00004

MICHAEL P. 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, Michael P. Barker, in person and by his 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 him 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 12, 2025; that the United States Attorney and counsel for the Defendant file any objections

to the draft presentence report no later than May 27, 2025; and that the Probation Office submit a
   Case 2:25-cr-00004        Document 10       Filed 03/03/25      Page 2 of 2 PageID #: 19




final presentence report to the Court no later than June 9, 2025. The Court SCHEDULES final

disposition of this matter for June 23, 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

16, 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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