December, 2016
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ORDER OF COURT
SCHEDULING SENTENCING HEARING
IT IS HEREBY ORDERED that a sentencing hearing for the defendant will be held on
_____________, 20__ at __:__ _M in Courtroom 6A, 6th Floor, United States Courthouse, 700
Grant Street, Pittsburgh, Pennsylvania. In the event a request for continuance becomes necessary,
any such request should be made as far in advance of the above-referenced scheduled hearing as is
practicable.
1. On or before __________, 20__ (usually 7-14 days before Sentencing), each
counsel shall submit to the Court the following:
A. A Sentencing Memorandum addressing individually each of the 18 U.S.C. '3553(a)
factors which counsel deems relevant to this Court’s consideration and
determination of (i) an appropriate advisory guidelines sentence, including, but
not limited to: (a) the potential range of the term of imprisonment; (b) the
potential range of the term of supervised release or probation; (c) conditions of
supervised release or probation; (d) restitution; and (e) forfeiture. Said Sentencing
Memorandum shall also include any requests for variances from the advisory
guidelines sentencing range, and may include a specific sentencing
recommendation. All requests/motions for departures, or calculations or
adjustments of Criminal History Category or any other matter affecting the
calculation of the Advisory Sentencing Guidelines must be set forth in the
“Position With Respect to Sentencing Factors,” and not be raised for the first time
in the Sentencing Memorandum.
The Court will consider those facts and factors set forth in the Presentence
Report to which there is no dispute, facts and factors that were in dispute but
resolved by the Court prior to sentencing, and the particular section 3553(a)
factors that have been specifically identified by the parties as required in
Paragraphs 1(A) and (B) of this Order, in arriving at an appropriate sentence.
Pursuant to Fed. R. Civ. P. 32(e)(2), the Court will not disclose to any counsel or the
Defendant the sentencing recommendation of the Probation Office. The Court will
not utilize or rely on any fact not disclosed to all counsel and the Defendant in
setting the sentence.
B. A Joint Status Report stating whether an evidentiary hearing is needed on any
matter that is relevant to sentencing, including departure motions and requests for
variances from the guidelines. In deciding whether an evidentiary hearing is
necessary, counsel need not take into account defendant’s allocution or statements
by family members, friends and other persons speaking generally on behalf of the
defendant in support of mitigation. If either counsel requests an evidentiary
hearing, however, the Joint Status Report shall identify each witness who will be
called, the party calling each such witness, the subject matter and brief summary
of each witness’s testimony, and a good faith estimate of the time each witness
will testify on direct and cross examination.
2. Any motions for downward or upward departures from the advisory guidelines
sentence range or any matter related to calculation of the Criminal History Category must be set
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forth in the “Position With Respect to Sentencing Factors” as set forth in Local Criminal Rules
32(C)(4). Failure to raise such issues in a timely manner may result in their denial.
3. As to defendants who are in custody, counsel is advised that any consultation with
the defendant necessary in preparation for a scheduled Court proceeding shall occur prior to said
proceeding in the office of the United States Marshal. The Court expects counsel to be prepared
to proceed with the Court proceeding promptly at the scheduled time. It is counsel’s
responsibility to arrive at the U.S. Marshal’s Office, sufficiently in advance of the Court
proceeding, to provide adequate time for consultation and preparation. Counsel for the United
States is responsible for obtaining any necessary writs for the appearance of the Defendant. As to
Defendants not in custody, counsel for the United States shall advise the Court and counsel for
the Defendant of the position of the United States in regard to custody issues post-sentencing at
least twenty-four (24) hours in advance of the sentencing hearing.
SO ORDERED this ___ day of __________, 20__.
United States District Judge
cc: All counsel of record
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