Opinion
21-CR-59 (LAP)
12-07-2022
UNITED STATES OF AMERICA, Plaintiff, v. DEREK JONES, Defendant.
ORDER
LORETTA A. PRESKA, SENIOR UNITED STATES DISTRICT JUDGE
Before the Court are the parties' submissions regarding the need for a Fatico hearing. (Dkt. nos. 152 and 155.) The Court has determined that a Fatico hearing is not required to adjudicate the Defendant's objections. However, a Fatico hearing will be required to adjudicate the Government's apparent request for an enhancement for obstruction of justice.
If the Government seeks the obstruction of justice enhancement, and the Defendant objects, the Court will hold a Fatico hearing on this issue. The parties shall confer on this issue and inform the Court as to how they wish to proceed no later than December 9, 2022, at 5:00 PM. If the Fatico hearing on the obstruction of justice enhancement is not needed, Defendant's sentencing will proceed on December 13, 2022, as previously scheduled.
SO ORDERED.