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Virginia man sentenced one to three years

ELKINS — A Virginia man was sentenced to one to three years in prison after he entered into a guilty plea for possession with intent to deliver last week.

Michael Robert Boley, 44, of Winchester, Virginia, entered into a plea agreement in Randolph County Circuit Court on Wednesday, pleading guilty to one count of possession with intent to deliver a controlled substance (diazepam), a felony. After Boley entered into the plea, Randolph County Circuit Court Judge Jaymie Wilfong sentenced him to no less than one, no more than three years in the state penitentiary.

In February, Boley was initially indicted by the Randolph County Grand Jury on three counts of possession with intent to deliver a controlled substance and one count of threats of terrorist acts, both felonies.

Boley was represented by attorney James Hawkins. The state was represented by Randolph County Prosecuting Attorney Michael Parker. Wilfong presided over the Wednesday hearing.

Before accepting Boley’s guilty plea, Wilfong asked Boley what made him guilty of possession with intent to deliver a controlled substance (diazepam). Boley told the court that he had the diazepam pills in his possession and, while in the state visiting family, planned to “make a few dollars.” He admitted to the court that he knew that selling the pills would be an illegal act.

Wilfong asked Parker if Boley’s recounting of events was accurate to what the state found, to which Parker said yes.

As Boley waived his right to a pre-sentence investigation report being complied, he was sentenced after entering the guilty plea. Before Wilfong issued the sentence, Parker asked the court to give Boley the statutory sentence for possession with intent to deliver a controlled substance classified as Schedule IV, which is one to three years in prison.. Hawkins also asked the court to give his client one to three years.

Addressing the court himself, Boley asked to sentenced one to three years as well. Boley explained that he also had some outstanding legal matters in Virginia and he did not want to take up the Randolph County Circuit Court’s time. He said he was “willing to do that time because I was guilty. I am guilty.”

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