Amended Procedural Order — United States v. Damian Halfkenny (Dkt. 9)

Summary

Document 9, filed April 14, 2026, in the U.S. District Court for the District of Massachusetts (No. 1:26-cr-10107-NMG), is an Amended Procedural Order Re: Sentencing Hearing on a printed form signed /s/ Nathaniel M. Gorton. The order provides that the sentencing hearing is to be not sooner than twelve weeks after the plea or verdict. It requires the Probation Office to disclose its initial report to defense counsel and government counsel no less than five weeks before the hearing, unless the defendant expressly waives that period. The order also states that the schedule may be modified by the Court for good cause shown, and that disclosure of the pre-sentence report is made under Rule 32.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Amended Procedural Order — United States v. Damian Halfkenny (Dkt. 9).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-mad-298905-9-0-2c777ec117/, SHA-256 ba8475ce7b92cd3411412c394a18f1c7c738a60843925df7cfb5a66bf9a41554.

Full text

Case 1:26-cr-10107-NMG Document 9 Filed 04/14/26 Page 1 of 4

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA,

v. CRIMINAL NO.

_______________________________
Defendant(s).

AMENDED PROCEDURAL ORDER
RE: SENTENCING HEARING (In the light of U.S. v.Booker.)

Gorton, D.J.
___________________, D.J.

A plea of guilty or nolo contendere, or a verdict of guilty, having been entered on
__________________, 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. Pro. 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 ______________________], 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 _________________), 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 1:26-cr-10107-NMG Document 9 Filed 04/14/26 Page 2 of 4

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 ______ m. on
_____________________, in courtroom _______ on the _______ 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 mailing
of a copy to that attorney. An attorney may, in lieu of receiving disclosure by mail, make
arrangements with the Probation Office to pick up the report no later than 3:00 p.m. on the
date disclosure is due. 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 1:26-cr-10107-NMG Document 9 Filed 04/14/26 Page 3 of 4

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 ___________________ (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. The Court is to hold a sentencing hearing to resolve any disputed issues.

a) Obligations of Counsel: Not less than five days before the sentencing hearing
[or such other time as set by the court]

(1) Notice: Counsel are to advise the Court:

(a) whether either party will move for a departure from the applicable
guideline range or will move for a non guideline sentence;

(b) whether apart from (a), there are legal questions not adequately
addressed in the presentence report or not addressed at all;

(2) Memorandum: Counsel submit a memorandum outlining the legal and
factual issues implicated in (1) above. Counsel are also urged to draft
Case 1:26-cr-10107-NMG Document 9 Filed 04/14/26 Page 4 of 4

memoranda in the form of proposed findings of fact and conclusions of law
relevant to the issues described above.

(3) 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 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 Rule 32, Fed. R. Crim.
Pro., 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.

_____________________ /s/ Nathaniel M. Gorton
DATE
US District Judge

cc: Counsel
Probation Office
Pretrial Services

ProcOrderSentencingRev1-4-08.wpd

File and source

File: gov.uscourts.mad.298905.9.0.pdf
Size: 270,995 bytes
SHA-256: ba8475ce7b92cd3411412c394a18f1c7c738a60843925df7cfb5a66bf9a41554
Our copy: gov.uscourts.mad.298905.9.0.pdf
Original: No public link identified.