Order Accepting Guilty Plea and Setting Sentencing — United States v. Mandy Ellen Bauer (W.D. Ky. No. 1:22-cr-00004)

Record facts

U.S. District Court for the Western District of Kentucky · No. 1:22-cr-00004-GNS · Doc. 15 · 2022-02-02 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF KENTUCKY 
BOWLING GREEN DIVISION 
CRIMINAL ACTION NO. 1:22-CR-00004-GNS 
 
 
UNITED STATES OF AMERICA 
PLAINTIFF 
 
v. 
 
 
MANDY ELLEN BAUER  
DEFENDANT 
 
ORDER 
This case was called in open court on February 2, 2022, in Bowling Green, Kentucky, 
for an initial appearance and arraignment to a felony Information.  There appeared the 
Defendant, Mandy Ellen Bauer, in person, having appeared on a criminal summons and 
represented by retained counsel William M. Butler, Jr.  Assistant United States Attorney 
David Weiser was present for the United States of America.  These proceedings were 
digitally recorded via Court ECRO DeAnna Whitney. 
As to the matter of initial appearance and arraignment, the Defendant acknowledged 
her identity, acknowledged having received a copy of the Information, and acknowledged an 
understanding of the charges against her.  The Defendant waived further formal arraignment.   
The Defendant was advised of her Constitutional rights, including the right to Court-
appointed counsel.  The Defendant advised she waives her right to court-appointed counsel 
and executed a waiver to that effect.   
The Defendant executed a Waiver of Indictment wherein she consents to enter her 
plea to the charges in an Information rather than an Indictment. 
The Court was advised by the parties that the Defendant was prepared to enter a plea 
of guilty to Counts 1, 2, 3, 4, 5, 6, 7, 8, and 9 of the Information, pursuant to a Rule 
11(c)(1)(B) plea agreement.   
The Court having found the Defendant competent to enter the plea; having found the 
plea to be knowing, voluntary and with the advice of counsel; having advised the Defendant 
of her constitutional rights and the Defendant having advised the Court she understood and 
waived those rights; and having established a factual basis for the plea, 
Case 1:22-cr-00004-GNS     Document 15     Filed 02/02/22     Page 1 of 4 PageID #: 58

IT IS HEREBY ORDERED that the Court accepts the Defendant’s plea of 
guilty as to Counts 1, 2, 3, 4, 5, 6, 7, 8, and 9 of the Information, pursuant to a Rule 
11(c)(1)(B) plea agreement executed by all parties to this action.  The plea supplement 
shall be filed under seal. 
In order to proceed under the Sentencing Reform Act of 1984 (Pub. L. 98-473, Title 
II, c. 2, Sections 211-239), 18 U.S.C. Sections 3551-3559, 
IT IS HEREBY FURTHER ORDERED as follows: 
1. 
Sentencing proceedings are set in this case on the 11th day of May, 2022, at 
10:00 AM CST, U.S. Courthouse, Bowling Green, Kentucky.  Counsel for the Defendant 
requested an expedited Presentence Investigation Report and to advance the sentencing 
proceeding after the report is completed.  Counsel for the Defendant shall contact the Court 
upon receipt of the Presentence Investigation Report to advance the sentencing hearing at 
that time.   
2. 
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 to the 
Defendant and to counsel for both the Defendant and the United States.  Within fourteen (14) 
days thereafter, counsel shall communicate, in writing, to the Probation Office and to 
opposing counsel any objections they may have as to any material information, sentencing 
classifications, sentencing guideline ranges, and policy statements contained in or omitted 
from the Report. 
3. 
After receiving counsel’s objections, the Probation Officer shall conduct any 
further investigation and make any revisions to the Presentence Report that 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. 
Prior to the date of the sentencing hearing, the Probation Officer shall submit 
the Presentence Report to the sentencing Judge.  The Report 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 Presentence Investigation 
Case 1:22-cr-00004-GNS     Document 15     Filed 02/02/22     Page 2 of 4 PageID #: 59

Report, including any revisions thereof, to the Defendant and to counsel for the Defendant 
and the United States. 
5. 
Not less than twenty (20) days prior to the sentencing hearing, the parties 
shall communicate with each other to discuss the scope of the sentencing hearing and 
make certain disclosures.  Each party shall disclose to the other if it intends to argue for 
a non-guideline sentence.  The parties shall disclose whether they intend to call 
witnesses at the hearing and if so, the nature of the testimony shall be revealed.  The 
parties shall disclose the identity of any expert witness and exchange a written 
summary of the witness’s opinions, the bases and reasons for the opinions, and the 
witness’s qualifications. 
For any sentencing in which testimony is expected, the parties shall estimate the 
length of time required for the sentencing hearing and communicate same to Traci 
Duff, Case Manager for Judge Stivers at traci_duff@kywd.uscourts.gov or (270) 393-
2505. 
6. 
Not less than three (3) days prior to the sentencing hearing, the parties 
shall file a Sentencing Memorandum in support of their respective positions on any 
unresolved objections to the Presentence Investigation Report, including any objections 
to the calculation of the advisory sentencing guidelines contained therein.  
Furthermore, in the event a non-guideline sentence is advocated, the Sentencing 
Memorandum shall address the factors of 18 U.S.C. § 3553(a). 
7. 
Except with regard to any objection made under Paragraph 4 that has not been 
resolved, the Report of the Presentence Investigation may be accepted by the Court as 
accurate.  The Court, however, for good cause shown, may allow new objections to be raised 
at any time before the imposition of sentence.  In resolving disputed issues of fact, the Court 
may consider any reliable information presented by the Probation Officer, the Defendant or 
the United States. 
8. 
The time set forth in this Order may be modified by the Court for good cause 
shown, except that the ten (10) day period provided for disclosure of the Presentence Report 
pursuant to 18 U.S.C. Section 3552(d) may be diminished only with the consent of the 
Defendant. 
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9. 
Nothing in this Order requires the disclosure of any portions of the 
Presentence Report that are not disclosable under Criminal Rule 32(c). 
10. 
The Presentence Report shall be deemed to have been disclosed: 
a. When the Report is physical delivered to counsel; 
b. One day after the Report’s availability is orally communicated to counsel; 
or 
c. 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. 
It shall be the responsibility of counsel for the Defendant to disclose the 
Report to the Defendant. 
12. 
The general conditions of probation set forth in Probation Form 7A shall apply 
to the Defendant if placed on probation or supervised release, and all persons placed on 
probation or supervised release shall submit to photographs by the Probation Officer as a 
condition of probation or supervised release. 
IT IS FINALLY ORDERED that the defendant shall be allowed to be released on a 
$25,000 unsecured appearance bond with conditions of release pending final sentencing.   
 
 
 
 
 
 
 
Copies to: 
Counsel of Record 
 
 
 
 
 
 
 BG 0|33 – ARR/PLEA 
BG 0|05 - IA 
February 2, 2022
Case 1:22-cr-00004-GNS     Document 15     Filed 02/02/22     Page 4 of 4 PageID #: 61

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