Opinion
20-20235
03-01-2022
UNITED STATES OF AMERICA, Plaintiff, v. DEWAYNE JAVON BUTLER, Defendant
*AMENDED*
ORDER SETTING SENTENCING AND DEADLINE DATES AND IMPOSING OTHER RESPONSIBILITIES
ROBERT H. CLELAND, UNITED STATES DISTRICT JUDGE.
The Defendant having been convicted and referred to the Probation Department for the preparation of a Presentence Report (PSR), IT IS ORDERED as follows:
1) Sentence will be imposed on MAY 12, 2022 at 2:30 PM. If a custodial sentence is imposed, the defendant must be prepared to submit to custody on the day of sentencing.
2) On or before MARCH 8, 2022, the PSR must be submitted to counsel by the Probation Officer for review and possible objections.
3) On or before MARCH 22, 2022, any PSR objection must be stated to the Probation Officer (but cannot be filed on the docket). In stating an objection, counsel must use a format substantially similar to the attached Addendum. A purported PSR objection originating in a letter, an e-mail, a “sentencing memorandum, ” etc., will be rejected by the Probation Officer and returned to the party who provided it.
4) On or before APRIL 5, 2022, the proposed final form of the PSR must be delivered to the court by the Probation Department.
5) Not later than APRIL 12, 2022, any request by either party for a departure or variance from the Guidelines range must be presented in the form of a motion with a supporting brief.
6) Not later than SEVEN DAYS before sentencing, any opposition to the other party's motion for departure or variance motion must be filed.
7) A Sentencing Memorandum is optional, but due SEVEN DAYS before sentencing.
8) Counsel must provide a copy of any motion, opposition to a motion, and memorandum to the Probation Officer.
9) Allocution at sentencing will ordinarily not exceed ten minutes for Defendant's counsel, ten minutes for Defendant and ten minutes for government counsel.
A sentencing memorandum is often superfluous in light of a motion for variance, and more important in the absence of such a motion. Memoranda are ordinarily reviewed by the court in the few days leading to sentencing. Do not use a sentencing memorandum as a substitute for a motion for a USSG departure or 18 USC §3553(a)(2) variance in sentence.