Sentencing Order — United States v. Harris (Dkt. 42, E.D. Ky.)

Summary

A sentencing order in United States v. Dewayne Harris, Crim. No. 6:26-CR-33-KKC-EBA-1, in the U.S. District Court for the Eastern District of Kentucky, dated June 29, 2026 (Doc. 42). Issued under the Sentencing Reform Act, the order sets sentencing for September 17, 2026 at Lexington, Kentucky. It directs the defendant and defense counsel to schedule an interview with the Probation Officer and sets deadlines for the Presentence Investigation Report (PSR), counsel's written objections and the probation office's revisions. It also provides that the Probation Office will not disclose any sentencing recommendation and will file the PSR under seal upon a notice of appeal.

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Case: 6:26-cr-00033-KKC-EBA             Doc #: 42 Filed: 06/29/26           Page: 1 of 4 - Page
                                            ID#: 121




                             UNITED STATES DISTRICT COURT
                             EASTERN DISTRICT OF KENTUCKY
                             SOUTHERN DIVISION AT LONDON

UNITED STATES OF AMERICA,                         )
     Plaintiff                                    )   CRIM. NO. 6:26-CR-33-KKC-EBA-1
                                                  )
v.                                                )   SENTENCING ORDER
                                                  )
DEWAYNE HARRIS,                                   )
    Defendant                                     )

                                         ** ** ** ** **

       In order to proceed under the Sentencing Reform Act,

       IT IS ORDERED as follows:

       1.      Sentencing proceedings are set in this case on September 17, 2026 at 11:00 a.m.

at Lexington, Kentucky.

       2.      That the Defendant and defense counsel shall schedule an interview with the

Probation Officer within five (5) days of the entry of a plea or a jury verdict with the actual

interview to occur not later than two (2) weeks from the date of the entry of a plea or a jury

verdict. It shall be the responsibility of defense counsel to contact the Probation Office 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 (PSR) to the

defendant and to counsel for both the defendant and the United States. Within fourteen (14)

days thereafter, counsel shall submit by letter, to the Probation Officer and to opposing

counsel, all objections which they have to the PSR. After receiving counsel’s objections, the

Probation Officer shall conduct any further investigation and make any revisions to the PSR that



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may be necessary. The Probation Officer may require counsel for both parties to meet with the

Officer to discuss unresolved factual and legal issues.

        4.      Not less than fourteen (14) days prior to the sentencing hearing, the Probation

Officer shall submit the PSR to the undersigned. The PSR 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 PSR, including any revisions thereof, to the

defendant and to counsel for the defendant and the United States. The PSR shall also be

accompanied by relevant medical or psychological evaluations, if such reports exist.

        5.      That not less than fourteen (14) days prior to the sentencing hearing the

parties shall file in the record:

                a)      a memorandum in support of or opposition to unresolved objections to the

                        PSR that may impact the defendant’s sentence. The memorandum shall

                        reference each objection by the same numerical reference that appears in

                        the addendum to the presentence report.

                b)      a list of any witnesses that may be called at the sentencing hearing. The

                        list shall include a brief synopsis of each witness’s testimony and an

                        estimate of the length of such testimony; and

                c)      a notice to the Court if either counsel reasonably believes that the time in

                        which to complete the sentencing hearing will exceed thirty (30) minutes.

        6.      Except for any unresolved objections under paragraph 4, the Court may, at the

hearing, accept the PSR as its findings of fact. For good cause shown, the Court may allow a



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new objection to be raised at any time before imposing sentence. However, objections may not

be raised for the first time in the text of a sentencing memorandum tendered pursuant to

Paragraph 8 of this Order. If filed in the record, late filed objections must be raised in a

separate document with an appropriate caption. In resolving disputed issues of fact, the Court

may consider any reliable information presented by the Probation Officer, the defendant, or the

United States. In particular, the Court reminds the parties of the standard in U.S.S.G. §

6A1.3(a):

       . . . In resolving any dispute concerning a factor important to the sentencing
       determination, the Court may consider relevant information without regard to its
       admissibility under the rules of evidence applicable at trial, provided that the
       information has sufficient indicia of reliability to support its probable accuracy.

       7.      No less than seven (7) days prior to the sentencing hearing, the defendant shall

file in the record any request for relief pursuant to 18 U.S.C. §3553(a)(2) along with a supporting

memorandum. As previously noted in Paragraph 6 of this Order, objections to the Presentence

Report or Sentencing Guideline Calculations shall not be raised for the first time within the text

of this memorandum. The defendant shall serve a copy of the motion and memorandum upon the

United States and shall forward a courtesy copy to the court’s chambers either by facsimile, 859-

233-2413, or by e-mail Caldwell_Chambers@kyed.uscourts.gov. Untimely filed memoranda

will not be considered by the Court unless accompanied by a motion showing good cause

for the late submission.

       8.      The times set forth in this order may be modified by the Court for good cause

shown, except that the thirty-five (35)-day period provided for disclosure of the PSR pursuant to

Fed.R.Crim.P. 32(e)(2) may be diminished only with the defendant’s consent.

       9.      Nothing in this order requires the disclosure of any portions of the PSR that are


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exempt from disclosure under Fed.R.Crim.P. 32(i)(1)(B) and (d)(3).

           10.        The PSR shall be deemed to have been disclosed:

                      (1) when the report is physically delivered to counsel;

                      (2) one (1) day after the report’s availability is orally

                      communicated to counsel; or

                      (3) three (3) days after notice of its availability is mailed to counsel

                      or the date of availability reflected in the notice, whichever is later.

           11.        The disclosure of the PSR to the defendant shall be the responsibility of counsel

for the defendant.

           12.        The Probation Office shall not disclose the Probation Officer’s recommendation,

if any, on the sentence.

           13.        Upon the filing of a Notice of Appeal, the Probation office shall electronically file

under seal the PSR & Rule 32(e)(3) Information.

           This 29th day of June, 2026.




Revised August 2025




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