Procedural Order Concerning Sentencing, Criminal No. 21-10228-FDS (D. Mass., Document 76)

Summary

Procedural Order Concerning Sentencing, filed March 6, 2023 as Document 76 in Criminal No. 21-10228-FDS, District of Massachusetts, United States v. Danielle Miller, issued by Judge Saylor after a plea of guilty entered on 3/6/2023. It directs the Probation Office to begin the pre-sentence investigation immediately and the attorney for the government to give the Probation Office a statement of relevant facts not later than seven days after the plea. It sets seven weeks after the plea for the initial report, objections not less than fourteen days after disclosure, and the sentencing hearing for June 27, 2023 in Courtroom 10 in Boston. The order is signed /s/ F. Dennis Saylor, IV.

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“Procedural Order Concerning Sentencing, Criminal No. 21-10228-FDS (D. Mass., Document 76).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-d-mass-no-1-21-cr-10228-dkt-76-d-mass-a909542157/, SHA-256 21ad82a57f9087a58b6a52b3acc2b063cba88ddf58d0ef4b4dca258b29c74ef1.

Full text

Case 1:21-cr-10228-FDS Document 76 Filed 03/06/23 Page 1 of 4

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
__________________________________________
)
UNITED STATES of AMERICA )
)
v. ) Criminal No.
) 21-10228-FDS
Danielle Miller, )
)
Defendant. )
__________________________________________)

PROCEDURAL ORDER
CONCERNING SENTENCING

SAYLOR, J.

A plea of guilty having been entered on 3/6/2023, under the Sentencing Reform Act of
1984, it is hereby ORDERED:

1. Pre-Sentence Investigation

a. The Probation Office shall immediately commence the pre-sentence investigation,
unless the Court has ordered otherwise pursuant to Fed. R. Crim. P. 32(c)(1)(A).

b. The Probation Office shall prepare pre-sentence investigation reports in the order in
which requests from the Court are received.

2. Statement of Relevant Facts

Not later than seven days after the plea, the attorney for the government shall provide to
the Probation Office a statement of relevant facts and any other materials that may be
relevant under Fed. R. Crim. P. 32(d). The attorney for the government shall
simultaneously serve counsel for the defendant copies of all materials provided to the
Probation Office.

3. Submission of Information Regarding Identifiable Victims (if applicable)

Not later than seven days after the plea, the attorney for the government shall provide to
the Probation Office, pursuant to Fed. R. Crim. P. 32(c)(1)(B), a written statement setting
forth the names of the victims, their contact information/addresses, and the amount of
loss sustained by each victim and restitution owed to each victim.
Case 1:21-cr-10228-FDS Document 76 Filed 03/06/23 Page 2 of 4

4. Interview of Defendant

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. The Probation Office shall schedule an interview with the defendant to be held within
seven days after the [plea/verdict] or within such additional period of time as the
court may order.

b. 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.

5. Disclosure of Initial Pre-Sentence Report

a. The Probation Office shall have seven weeks after the date of plea for the
preparation and disclosure of the initial report.

b. The Probation Office shall disclose the initial report to defense counsel and
government counsel not less than five weeks before the sentencing hearing, unless
the defendant expressly waives the minimum five-week notification period.

c. The date when disclosure has been made 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.

6. Objections to Pre-Sentence Report

Not less than fourteen days after disclosure of the report, the 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.

7. Probation Response to Objections

The probation officer shall conduct any further investigation and make any revisions to
the pre-sentence report that may be necessary or appropriate. The probation officer may
require counsel for both parties to confer with him or her to identify and attempt to
resolve any factual or legal disputes which may require hearing by the court.

2
Case 1:21-cr-10228-FDS Document 76 Filed 03/06/23 Page 3 of 4

8. Final Pre-Sentence Report

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 those 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.

9. Date of Sentencing

The sentencing hearing (and sentencing) will take place on June 27, 2023 at 11:00 a.m.
in Courtroom 10 U.S. District Court Boston, MA.

10. Counsel’s Obligations Concerning Hearing

Not less than five days before the sentencing hearing, counsel are to advise the Court:

a. whether a party will move for a departure from the applicable guideline range or will
move for a non-guideline sentence;

b. whether there are other legal questions not adequately addressed in the presentence
report or not addressed at all;

c. whether there are factual issues that the party contends require an evidentiary hearing.

11. Sentencing Memoranda

Counsel may submit a memorandum addressing any legal and factual issues implicated in
the sentencing. Not less than five days before the sentencing hearing, a copy of such
memorandum and any submissions addressing sentencing issues submitted by counsel
must also be provided to the probation officer.

12. Evidentiary Hearing

The Court may hold an evidentiary hearing to resolve any disputed issues or as justice
may require.

3
Case 1:21-cr-10228-FDS Document 76 Filed 03/06/23 Page 4 of 4

13. Modification of Schedule

The schedule set forth in this Order may be modified by the Court for good cause shown.

14. No Disclosure of Probation Recommendation

The Probation Office shall not disclose any recommendation it made to the Court as to
the appropriate 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.

3/6/2023 /s/ F. Dennis Saylor, IV
Date United States District Court Judge

cc: Counsel
Probation Office

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