UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BECKLEY ENTERED
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FEB 14 2024
IN RE: PLEA HEARING REFERRALS AT THE
BECKLEY POINT OF HOLDING COURT RORY L PERRY 11, CLERK
U.S. o;strict Court
Southern Olstrict of West Vlr lnla
STANDING CONDITIONAL REFERRAL ORDER
For reasons appearing to the Court, in any criminal matter in which the Defendant
desires to plead guilty to a charged offense -- whether by indictment or information -- and waives
his or her right to proceed before the Undersigned for the hearing thereon, he or she may consent
to proceed for purposes of the plea hearing before the Honorable Omar J. Aboulhosn. The subject
waiver shall be taken only after an appropriate colloquy advising, inter alia, of the right to withhold
consent without adverse substantive consequences. Magistrate Judge Aboulhosn under such
circumstances is hereafter designated to conduct the Rule 11 plea hearing and enter his proposed
findings of fact and conclusions of law pursuant to 28 U.S.C. § 636(c)(1).
In any case the parties desire the setting of a plea hearing, the United States is
DIRECTED to file a motion requesting the hearing, with the parties’ signed plea agreement, if
any, attached. The period from the filing of the motion through the date upon which the proposed
findings of fact and conclusions of law are adopted, is excluded in computing the time within
which trial must commence, in accordance with the provisions of 18 U.S.C. § 3161(h)(1)(G). The
aforementioned motion by the United States shall be filed in sufficient time so that a plea hearing
may be scheduled by Magistrate Judge Aboulhosn not later than TWO weeks before the scheduled
trial. Furthermore, the parties are NOTICED that should a proposed plea hearing not be
completed, the Court will not entertain a motion to continue the trial based upon the parties not
being prepared for trial.
In making this standing conditional referral, the Court relies upon, inter alia, 28
U.S.C. § 636(b)(1)(A) and (B) and Local Rule of Criminal Procedure 59.6, with the understanding
that any proceeding conducted as permitted herein will be followed by disposition before the
Undersigned.
This Standing Referral Order is effective only for those criminal cases pending
before the Undersigned at the Beckley point of holding Court.
The Clerk is directed to send a copy of this Standing Conditional Referral Order to
the Honorable Thomas E. Johnston, Chief Judge, Magistrate Judge Aboulhosn, United States
Attorney William S. Thompson, Federal Public Defender Wesley P. Page, and Meagan A.P.
McClure, Criminal Justice Act Attorney Advisor, for distribution to the affected Panel members.
ENTER: February 14, 2024
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