UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
EL PASO DIVISION
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HONORABLE KATHLEEN CARDONE § ALL CRIMINAL CASES
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STANDING ORDER ON SENTENCING IN CRIMINAL CASES
In light of the recent statement by the United States Supreme Court on the application of
the United States Sentencing Guidelines in United States v. Booker, No. 04-104,2005 WL 50108
(u.S. Jan.12, 2005), the following procedures shall govern procedures in sentencing in cases
before this Court.
While Booker renders the Guidelines advisory rather than mandatory, the Guidelines and
ranges prescribed therein for particular offenses may not be ignored. In determining an
appropriate sentence, this Court is obliged to consider the factors set forth in section 3553(a) of
Title 18 in imposing an appropriate sentence, which includes but is not limited to the nature and
seriousness of the offense, the defendant's history and the need to deter future crime and protect
the public.
Presentence procedures shall be conducted as they were prior to Booker, with the
following modifications. The Probation Office shall generate the Presentence Report and
calculate the appropriate range under the Sentencing Guidelines. That suggested range will be
weighed in the final calculus of what constitutes a reasonable sentence. Ifthe parties object to
the suggested range, the presentence report shall contain the basis for such objections (ie., why
the suggested range is not reasonable under the circumstances), a proposed range that would be
considered reasonable, and a response to such objection. This process shall be repeated if both
Government proposes a range higher than the suggested range and defendant proposes a range
lower than the suggested range. All proposals shall be couched in terms of the factors set forth in
section 3553(a) to the extent possible. Motions for upward or downward departure are no longer
required given the advisory nature of the Guidelines.
At sentencing, this Court will either reject proposed departures from the suggested
Guideline range or accept the proposal and state on the record its findings as to why the
suggested range is not appropriate under the circumstances of the case.
The Clerk is directed to attach a copy of this Order to all notices of sentencing.
SO ORDERED.
Dated at El Paso, Texas, January 31,2005.
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