United States District Court, W.D. Kentucky, Louisville Division
ACCEPTANCE OF PLEA OF GUILTY, ADJUDICATION OF GUILT,
AND NOTICE OF SENTENCING
H. MCKINLEY, JR., CHIEF JUDGE
to the Report and Recommendation of the United States
Magistrate Judge, the plea of guilty of the Defendant to
Count 1 of the Information is hereby accepted, and the
Defendant is adjudged guilty of such offense.
order to proceed under the Sentencing Reform Act of 1984
(Pub. L. 98-473, Title II, c. 2, Sections 211-239), 18 U.S.C.
Sections 3551-3559, IT IS HEREBY ORDERED as
Sentencing proceedings are set in this case
on the 5th day of February, 2018, at 11:00
AM EST, U.S. Courthouse, Louisville, Kentucky.
less than thirty-five (35) days prior to the date set for
sentencing, the Probation Officer shall provide a copy of the
Presentence Investigation Report to the defendant and to
counsel for both the defendant and the United States. Within
fourteen (14) days thereafter, counsel shall communicate, in
writing, to the Probation Office and to opposing counsel any
objections they may have as to any material information,
sentencing classifications, sentencing guideline ranges, and
policy statements contained in or omitted from the Report.
After receiving counsel's objections, the Probation
Officer shall conduct any further investigation and make any
revisions to the Presentence Report that may be necessary.
The Probation Officer may require counsel for both parties to
meet with the officer to discuss unresolved factual and legal
Prior to the date of the sentencing hearing, the Probation
Officer shall submit the Presentence Report to the sentencing
Judge. The Report shall be accompanied by the written
objections of counsel, and by an addendum setting forth any
objections counsel may have made that have not been resolved,
together with the officer's comments thereon. The
Probation Officer shall provide a copy of any addendum to the
Presentence Investigation Report, including any revisions
thereof, to the defendant and to counsel for the defendant
and the United States.
Not less than twenty (20) days prior to the
sentencing hearing, the parties shall communicate with each
other to discuss the scope of the sentencing hearing and make
certain disclosures. Each party shall disclose to the other
if it intends to argue for a non-guideline sentence. The
parties shall disclose whether they intend to call witnesses
at the hearing and if so, the nature of the testimony shall
be revealed. The parties shall disclose the identity of any
expert witness and exchange a written summary of the
witness's opinions, the bases and reasons for the
opinions, and the witness's qualifications.
any sentencing in which testimony is expected, the parties
shall estimate the length of time required for the sentencing
hearing and communicate same to Erica A. Skinner, Case
Manager for Judge McKinley.
Not less than ten (10) days prior to the sentencing
hearing, the parties shall file a Sentencing Memorandum in
support of their respective positions on any unresolved
objections to the Presentence Investigation Report, including
any objections to the calculation of the advisory sentencing
guidelines contained therein. Furthermore, in the event a
non-guideline sentence is advocated, the Sentencing
Memorandum shall address the factors of 18 U.S.C. §
Except with regard to any objection made under Paragraph 4
that has not been resolved, the Report of the Presentence
Investigation may be accepted by the Court as accurate. The
Court, however, for good cause shown, may allow new
objections to be raised at any time before the imposition of
sentence. In resolving disputed issues of fact, the Court may
consider any reliable information presented by the Probation
Officer, the defendant or the United States.
time set forth in this Order may be modified by the Court for
good cause shown, except that the ten (10) day period
provided for disclosure of the Presentence Report pursuant to
18 U.S.C. Section 3552(d) may be diminished only with the
consent of the defendant.
Nothing in this Order requires the disclosure of any portions
of the Presentence Report that are not ...