Regular Sentencing Order — United States v. David Epstein (District of Maryland, October 8, 2024)

Summary

A Regular Sentencing Order in United States of America v. David Epstein, Criminal Case No. RDB 23-210, in the United States District Court for the District of Maryland, filed October 8, 2024 (Document 25). It sets dates for the presentence report: the initial draft by 11/19/2024, objections by 12/3/2024, and filing of the report by 12/14/2024. Statements of witnesses, any sentencing memoranda and any restitution memorandum are due on or before 12/31/2024, with opposing or responding memoranda by 1/7/2025. Paragraph (8) states that sentencing shall be on Tuesday, January 14, 2025 at 11:00 am. The signature block names Judge Richard D. Bennett, United States District Judge.

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Case 1:23-cr-00210-RDB Document 25 Filed 10/08/24 Page 1of3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

United States of America *
Vv. * Criminal Case No. RDB 23-210
David Epstein
*

REGULAR SENTENCING ORDER

(1) On or before 11/19/2024 (not more than 40 days from the date of this order), the

Probation Officer shall provide the initial draft of the presentence report to counsel for the
Defendant for review with the Defendant. If the Defendant is in pretrial detention, defense
counsel may not provide a copy of the recommendations section of the presentence report to the
Defendant in advance of meeting to review the presentence report and may not leave the
recommendations section of the presentence report with the Defendant once the review has taken
place. The Probation Officer shall also provide the initial draft of the presentence report to
counsel for the Government.

(2) On or before 12/3/2024 (not less than 14 days from date in paragraph 1), counsel shall

submit, in writing, to the Probation Officer and opposing counsel, any objections to any material
information, sentencing classifications, advisory sentencing guideline ranges, or policy
statements contained in or omitted from the report.

(3) After receiving counsel’s objections, the Probation Officer shall conduct any
necessary further investigation and may require counsel for both parties to meet with the
Probation Officer to discuss unresolved factual and legal issues. The Probation Officer shall

make any revisions to the presentence report deemed proper, and, in the event that any objections

Sentencing Guidelines Order - Regular (Rev. 12/2019)
Case 1:23-cr-00210-RDB Document 25 Filed 10/08/24 Page 2 of 3

made by counsel remain unresolved, the Probation Officer shall prepare an addendum setting
forth those objections and any comment thereon.

(4) On or before 12/14/2024 (not less than 11 days from date in paragraph 2), the Probation
Officer shall file the report (and any revisions and addendum thereto) through CM/ECF.

(5) If counsel for either party intends to call any witnesses at the sentencing hearing,

counsel shall submit, in writing, to the Court and opposing counsel, on or before

12/31/2024 (not less than 14 days before sentencing), a statement containing (a) the names of the
witnesses, (b) a synopsis of their anticipated testimony, and (c) an estimate of the anticipated
length of the hearing.

(6) Sentencing memoranda are not required unless a party intends to request a
sentence outside the advisory guidelines range on the basis of a non-guideline factor. If
submitted, they shall be filed with the Clerk and a copy delivered to chambers on or before

12/31/2024 (not less than 14 days before sentencing). Opposing or responding memoranda are not

required. If submitted, they shall be delivered to chambers on or before

1/7/2025 (not less than 7 days before sentencing). Copies of all memoranda must be sent to the
Probation Officer. Sentencing memoranda are not sealed documents. If the memoranda or
attachments contain sensitive material, they should be filed under seal and accompanied bya
motion to seal.

(7) If the Government intends to seek restitution, a memorandum requesting

restitution and all supporting documentation shall be filed on or before 12/31/2024 (not less than 14

days before sentencing). Failure to provide the restitution information or an explanation for why the

restitution information is not yet ascertainable by this date may result in an order to show cause

Sentencing Guidelines Order - Regular (Rev. 12/2019)
Case 1:23-cr-00210-RDB Document 25 Filed 10/08/24 Page 3of3

why the information could not have been timely provided and may result in the Court denying or

21-delaying restitution until after a hearing not to exceed 90 days after sentencing.

(8) Sentencing shall be on Tuesday, January 14, 2025 @ 11:00 am.

(9) The presentence report, any revisions, and any proposed findings made by the Probation
Officer in the addendum to the report shall constitute the tentative findings of the Court under
section 6A1.3 of the sentencing guidelines. In resolving disputed issues of fact, the Court may
consider any reliable information presented by the Probation Officer, the Defendant, or the
Government, and the Court may issue its own tentative or final findings at any time before or
during the sentencing hearing.

(10) Nothing in this Order requires the disclosure of any portions of the presentence

report that are not disclosable under Federal Rules of Criminal Procedure 32.

October 8, 2024 LED. Bonde

Date Judge Richard D. Bennett
United States District Judge

Sentencing Guidelines Order - Regular (Rev. 12/2019)


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