United States District Court, W.D. Kentucky, Louisville Division
ORDER ACCEPTING REPORT AND RECOMMENDATION CONCERNING
PLEA OF GUILTY AND NOTICE OF SENTENCING
Rebecca Grady Jennings, United States District Court Judge
undersigned has reviewed the Report and Recommendation
Concerning Plea of Guilty [DN 44] of the United States
Magistrate Judge and the plea of guilty pursuant to a Rule
11(c)(1)(B) plea agreement of the Defendant to Counts 1 and 2
of the Indictment.
IS HEREBY ORDERED as follows:
Court accepts the Report and Recommendation [DN
44] and accepts the Defendant's plea of
guilty as to Counts 1 and 2 of the Indictment,
pursuant to a Rule 11(c)(1)(B) plea agreement executed by all
parties to this action.
plea supplement shall be filed under
seal. All other trial and pre-trial dates are
REMANDED from the Court's docket.
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 FURTHER
ORDERED as follows:
Sentencing proceedings are set in this case for July
20, 2018 at 10:30 a.m. before the Honorable Rebecca
Grady Jennings, in the Gene Snyder U.S. Courthouse,
defendant and defense counsel shall meet with the probation
officer for an interview promptly, and in no event
later than ten (10) days from the date of this
Order. It shall be the responsibility of defense
counsel to contact the probation officer to ascertain the
time and place of the interview, unless defense counsel's
attendance is waived.
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 contact
the Probation Office and opposing counsel to notify the
parties as to whether or not there are any
objections to any material information, sentencing
classifications, sentencing guideline ranges, and policy
statements contained in or omitted from the Report. Any
objections shall be in writing. Notice to the
Probation Office and opposing counsel must be given even if
no objection exists.
After receiving counsel's notice of whether there are (or
are not) 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 issues.
less than ten (10) days 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.
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
any sentencing in which testimony is expected, the parties
shall estimate the length of time required for the sentencing
hearing and communicate same to Andrea Morgan, Case Manager
for Judge Jennings.
less than ten (10) days prior to the sentencing hearing, the
parties shall either 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