Order on Sentencing Schedule — No. 8:22-cr-00125 (Dkt. 382, D. Neb.)

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An amended order on sentencing schedule, dated March 11, 2024 and filed as Doc # 382 in United States v. Michael A. Perkins Jr., No. 8:22CR125, in the U.S. District Court for the District of Nebraska, signed by Judge Brian C. Buescher. The order grants the defendant's unopposed motion to extend time for initial objections to the presentence report [381] and amends the deadlines. Objections to the initial report are due March 12, 2024, the probation office's revised report March 22, 2024, and motions for departure or variance and statements of position March 29, 2024.

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 8:22-cr-00125-BCB-MDN Doc # 382 Filed: 03/11/24 Page 1 of 2 - Page ID # 1364




                      IN THE UNITED STATES DISTRICT COURT
                          FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

                      Plaintiff,                                    8:22CR125

        vs.                                                   AMENDED
                                                    ORDER ON SENTENCING SCHEDULE
MICHAEL A. PERKINS JR.,

                      Defendant.

       The defendant’s Unopposed Motion to Extend Time for Initial Objections to PSR [381] is
granted.

       IT IS ORDERED that the following deadlines and procedures are amended as follows:

4.     March 12, 2024: Objections by counsel to the initial presentence report;

5.     March 22, 2024: Probation office's submission to the judge and counsel of initial or
       revised presentence report with changes, if any, responsive to counsels’ objections, and,
       if needed, an addendum explaining the probation officer’s position regarding any
       objections to the presentence report previously submitted by counsel;

6.     March 29, 2024:
             (a) Any proposals to the probation office for community service, community
             confinement, intermittent confinement or home detention;

              (b) Motions to the court:
                    (1) for departure under the guidelines (including, but not limited to,
                    motions by the government) ; and
                    (2) for deviation or variance from the guidelines as allowed by the
                    Supreme Court’s decision in United States v. Booker, 125 S. Ct. 738
                    (2005) or its progeny;

              (c) Counsel's filing and serving on all other parties and the probation officer a
              written statement of position respecting each of the unresolved objections to the
              presentence report, including the specific nature of each objection to the
              presentence report.

              (d) If evidence is to be offered in support of or in opposition to a motion under
              subparagraph (b) of this paragraph or in support of or in opposition to an
              objection under subparagraph (c) of this paragraph 6, it must be: by affidavit,
              letter, report or other document attached to the statement of position or by oral
              testimony at the sentencing hearing. If oral testimony is desired, a request must
              be made in the statement of position and the statement of position must reveal
              (1) the nature of the expected testimony, (2) the necessity for oral testimony,
              instead of documentary evidence, such as affidavits, (3) the identity of each
 8:22-cr-00125-BCB-MDN Doc # 382 Filed: 03/11/24 Page 2 of 2 - Page ID # 1365



               proposed witness, and (4) the length of time anticipated for presentation of the
               direct examination of the witness or witnesses. If a request for oral or
               documentary evidence is made by one party but not by the adverse party, the
               adverse party within five working days thereafter may make a responsive request
               for oral or documentary evidence, setting out details in the same manner as
               required by this paragraph 6(d).

                (e) Motions for departure should be supported by a brief that explains why the
                departure from the guideline sentencing range is justified by normal guideline
                departure theory. Motions for deviation or variance from the guidelines as
                allowed under Booker or its progeny should be supported by a brief that
                explains why a sentence other than that called for under the guidelines is
                justified by a principle of law that is different in kind or degree from the normal
                principles of law applied under a strict application of the guidelines.

               (f) It is expected that any objection first raised in a party’s statement of position
               will be addressed at the judge’s discretion, and that no consideration will be
               given to any sentencing factor first raised after the filing of the written statement.

7.     April 18, 2024 at 9:00 a.m.: Sentencing before Judge Buescher in Omaha, Courtroom
       #5.

        A probation officer must submit a sentencing recommendation to the sentencing judge
no later than seven days before the sentencing hearing. Pursuant to NECrimR 32.1(b)(8) and
Federal Rule of Criminal Procedure 32(e)(3), the probation officer is directed not to disclose the
sentencing recommendation to anyone other than the sentencing judge.

       The dates in paragraphs 3 and 4 of this order may be altered by written notice to counsel
and the judge by the probation office.


DATED this 11th day of March 2024.

                                                      BY THE COURT:




                                                      Brian C. Buescher
                                                      United States District Judge


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