Judge Myong J. Joun: ORDER entered. PROCEDURAL ORDER re sentencing hearing as to Gardy… — USA v. Pierre et al (Dkt. 57)

Record facts

U.S. District Court for the District of Massachusetts · No. 1:24-cr-10007-MJJ · Doc. 57 · 2024-02-09 · Docket on CourtListener

Summary

A procedural order on sentencing entered by United States District Judge Myong J. Joun on February 9, 2024 in United States v. Gardy Alexandre, Criminal No. 1:24-cr-10007-MJJ-3, in the U.S. District Court for the District of Massachusetts, as Doc. 57. Following a plea or verdict entered on February 9, 2024, the order directs the Probation Office to begin the pre-sentence investigation and requires the government to provide a statement of relevant facts and any victim and loss information by February 16, 2024. It schedules the sentencing hearing for 2:30 p.m. on May 28, 2024, sets a fourteen-day period for objections after disclosure of the report, and requires the final pre-sentence report and any sentencing memoranda by May 21, 2024. The order is four pages.

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UNITED STATES DISTRICT COURT 
DISTRICT OF MASSACHUSETTS 
 
____________________________________ 
 
 
 
 
 
 
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UNITED STATES OF AMERICA, 
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v.  
 
 
 
 
 
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Criminal No. 1:24-cr-10007-MJJ-3 
 
 
 
 
 
 
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) 
Gardy Alexandre, 
 
 
 
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Defendant(s).  
 
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____________________________________) 
 
PROCEDURAL ORDER 
RE: SENTENCING HEARING 
JOUN, D.J. 
 
A plea of guilty or nolo contendere, or a verdict of guilty, having been entered on 2/9/2024, under 
the Sentencing Reform Act of 1984, it is hereby ORDERED: 
 
Pre-sentence Investigation 
 
1. 
a)  
  The United States Probation Office shall commence immediately the pre-sentence 
investigation unless as provided in Fed. R. Crim. P. Rule 32(i), the court finds under Rule 
32 (c) (1)(A) and (B) that the information in the record enables it to exercise its sentencing 
authority meaningfully under 18 U.S.C. § 3553 and the court explains this finding on the 
record. 
 
b)  
The Probation Office shall prepare pre-sentence investigation reports in the order in 
which the requests from the court are received. 
 
Statement of Relevant Facts 
 
2. 
Not later than seven days after the plea or verdict (or on 2/16/2024), the attorney for the 
government shall provide to the United States Probation Office a statement of relevant 
facts and any other documents pertinent under Federal Rules of Criminal Procedure 32(d) 
and shall simultaneously serve on counsel for the defendant a copy of everything 
provided to the Probation Office. 
 
Submission of Information Regarding Identifiable Victims (if applicable) 
 
3. 
Not later than seven days after the plea or verdict (or on 2/16/2024), the attorney for the 
government shall provide to the United States Probation Office a written statement 
setting forth the names of the victims, their contact information/addresses and the amount 
of loss sustained by each victim/restitution owed to each victim pursuant to the Federal 
Rules of Criminal Procedure, Rule 32(c)(1)(B). 
Case 1:24-cr-10007-MJJ     Document 57     Filed 02/09/24     Page 1 of 4

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Interview of Defendant 
 
4. 
The Probation Office shall provide a reasonable opportunity for defense counsel to attend 
any interview of the defendant conducted by a probation officer during the pre-sentence 
investigation. 
 
a) 
If the case is resolved by a plea and the Probation Office has timely notification of 
the plea, it shall hold an interview with the defendant on the day of the plea. If an interview 
cannot be held on the day of the plea, the Probation Office shall schedule an interview to be 
held within seven days after the plea or within such additional time as the court may order. 
 
b) 
If the case is resolved by a verdict, the Probation Office shall schedule an interview 
with the defendant to be held within seven days after the verdict or within such additional 
period of time as the court may order. 
 
c) 
If the defendant is in custody, the United States Marshal shall, at the request of the 
Probation Office, bring the defendant to the courthouse for an interview at the earliest 
feasible time. 
 
Pretrial Services Responsibility 
 
5. 
Pretrial Services shall provide to the Probation Office all documents in the possession of 
Pretrial Services that may be relevant to the pre-sentence investigation, including a copy of 
the Pretrial Report, the defendant’s state, local, and national criminal record, police reports, 
copies of convictions, drug test results, reports of incidents, and other reports and supporting 
documents. 
 
Date of Sentencing 
 
6. 
The sentencing hearing (and sentencing) is scheduled to occur at 2:30 p.m. on 5/28/2024, 
in Courtroom 20 on the 7th floor. This date is to be not sooner than twelve weeks after the 
date of the plea/verdict, in order to permit the following: 
 
a) 
Probation Office shall have seven weeks after the date of plea/verdict for the 
preparation and disclosure of the initial report. 
 
b) 
Probation Office shall disclose the initial report to defense counsel and government 
counsel no less than five weeks before the sentencing hearing unless the defendant 
expressly waives the minimum five week pre-sentencing notification period. 
 
c) 
The date when disclosure has been effected to each attorney is the date of the 
electronic disclosure of a copy to that attorney. It is the responsibility of the defense counsel 
to disclose the pre-sentence report to the defendant and to discuss it with and explain it to 
the defendant. 
Case 1:24-cr-10007-MJJ     Document 57     Filed 02/09/24     Page 2 of 4

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Objections Procedure 
 
7. 
Within fourteen days after disclosure of the report, attorneys for the government and the 
defendant shall advise the probation officer and each other in writing, of any objections they 
may have as to any material information, sentencing classifications, sentencing guideline 
ranges or policy statements contained in or omitted from the report. 
 
8. 
The probation officer shall conduct any further investigation and make any revisions to the 
pre-sentence report that may be necessary. The probation officer may require counsel for 
both parties to confer with the probation officer to identify and attempt to resolve any factual 
or legal disputes which may require hearing by the court. 
 
Final Pre-sentence Report  
 
9. 
Not later than 5/21/2024 (which is a date not less than seven days before the sentencing 
hearing), the probation officer shall submit to the court and disclose to the attorneys the 
final pre-sentence report, including any addendum, setting forth the unresolved objections, 
the grounds for these objections and the probation officer’s comments on the objections. 
The probation officer shall certify that the contents of the report, including any revisions, 
and the addendum have been disclosed to the defendant and to counsel for the defendant 
and the government, and that the addendum fairly states any remaining unresolved 
objections. Except with regard to any unresolved objections, the report of the pre-sentence 
investigation may be accepted by the court as accurate. The court, however, for good cause 
shown, may allow a new objection to the pre-sentence report to be raised at any time before 
the imposition of sentence. 
 
Hearing and Counsel’s obligations 
 
10. 
Obligation of Counsel: 
 
a) 
Notice: Counsel are to advise the Court: 
 
(1) 
whether either party will move for a departure from the applicable guideline 
range or will move for a non guideline sentence; 
 
(2) 
whether apart from (1), there are legal questions not adequately addressed in 
the presentence report or not addressed at all; 
 
(3) 
whether there are factual issues which the party contend require an 
evidentiary hearing. 
 
Counsel shall provide such notice to the Court by ( 5/21/2024 ) or not later than 
5 business days before the sentencing hearing if the hearing is rescheduled after 
the issuance of this order. 
Case 1:24-cr-10007-MJJ     Document 57     Filed 02/09/24     Page 3 of 4

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b) 
Memorandum: Counsel must file any sentencing memorandum or motion for 
departure or variance with the Court no later than 5/21/2024 or no later than 5 
business days before the sentencing hearing if the hearing is rescheduled after 
issuance of this order. 
 
c) 
Service on Probation: A copy of the memorandum and any submissions addressing 
sentencing issues submitted by counsel must also be provided to the probation officer 
five business days in advance of the sentencing hearing. 
 
11. 
The schedule set forth in this Order may be modified by the Court for good cause shown. 
 
12. 
Disclosure of the pre-sentence report is made under the provisions of Fed. R. Crim. P. 32, 
except that the Probation Office shall not disclose any recommendation it made to the court 
as to sentence. Any such recommendation made to the court by the Probation Office must not 
contain factual information not already disclosed to both counsel and to the defendant. 
 
 
 
Dated: February 9, 2024  
 
 
SO ORDERED. 
 
  /s/ Myong J. Joun 
 
 
United States District Judge 
 
Case 1:24-cr-10007-MJJ     Document 57     Filed 02/09/24     Page 4 of 4

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