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United States v. Borrego-Hernandez

United States District Court, W.D. Kentucky, Louisville Division

May 29, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
ARIEL BORREGO-HERNANDEZ Defendant.

          ORDER ACCEPTING REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY AND NOTICE OF SENTENCING

          Rebecca Grady Jennings, United States District Court District Judge

         The undersigned has reviewed the Report and Recommendation Concerning Plea of Guilty [DN 27] of the United States Magistrate Judge and the plea of guilty pursuant to a Rule 11(c)(1)(A) and (B) plea agreement of the Defendant to Count1 of the Superseding Information.

         IT IS HEREBY ORDERED as follows:

         (1) The Court accepts the Report and Recommendation [DN 27] and accepts the Defendant's plea of guilty as to Count 1 of the Superseding Information, pursuant to a Rule 11(c)(1)(A) and (B) plea agreement executed by all parties to this action.

         (2) The plea supplement shall be filed under seal. All other trial and pre-trial dates are REMANDED from the Court's docket.

         In 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:

         (1) Sentencing proceedings set for September 13, 2018 at 11:00 a.m. before the Honorable Rebecca Grady Jennings, in the Gene Snyder U.S. Courthouse, Louisville, Kentucky.

         (2) The 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.

         (3) Not 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.

         (4) 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.

         (5) Not 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.

         (6) 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.

         For 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 not less than (10) days prior to the hearing.

         (7) Not 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 non-guideline ...


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