Regular Sentencing Order — United States of America v. Joseph Gillespie, Criminal Case No. RDB-23-00321 (Dkt. 25, D. Md.)

Summary

Judge Richard D. Bennett (D. Md.) set the sentencing schedule for Joseph Gillespie, Criminal Case No. RDB-23-00321, in this regular sentencing order of August 30, 2024. The Probation Officer gives the initial draft presentence report to counsel by 10/9/2024; written objections are due by 10/23/2024, and the Probation Officer files the report through CM/ECF by 11/4/2024. By 11/25/2024, counsel who intend to call witnesses submit a witness statement, any sentencing memoranda are filed, and the Government files a restitution memorandum if it seeks restitution. Opposing memoranda, if submitted, are due by 12/2/2024. Sentencing is set for Monday December 9, 2024 at 2:30pm.

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Full text

Case 1:23-cr-00321-RDB Document 25 Filed 08/30/24 Page 1 of 3
✓ FILED ___ ENTERED
___ LOGGED ___ RECEIVED
12:40 pm, Aug 30 2024
AT BALTIMORE
CLERK, U.S. DISTRICT COURT
DISTRICT OF MARYLAND
BY ________ Deputy
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
United States of America *
v. * Criminal Case No. RDB-23-00321
Joseph Gillespie *
******
REGULAR SENTENCING ORDER
(1) On or before 10/9/2024 (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 10/23/2024 (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-00321-RDB Document 25 Filed 08/30/24 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 11/4/2024 (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
11/25/2024 (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
11/25/2024 (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
12/2/2024 (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 by a
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 11/25/2024 (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-00321-RDB Document 25 Filed 08/30/24 Page 3 of 3
why the information could not have been timely provided and may result in the Court denying or
delaying restitution until after a hearing not to exceed 90 days after sentencing.
(8) Sentencing shall be on Monday December 9, 2024 at 2:30pm.
(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.
August 30, 2024 [signature]
Date Richard D. Bennett
United States District Judge
Sentencing Guidelines Order - Regular (Rev. 12/2019)

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