Sentencing Procedures Order — United States v. Maria Reich, Criminal No. 2:23cr00135-001 (EWH) (Dkt. 28, E.D. Va.)
Summary
U.S. District Judge Elizabeth W. Hanes entered a sentencing procedures order dated 4/12/2024 in United States v. Maria Reich (E.D. Va., Criminal No. 2:23cr00135-001 (EWH)), setting the steps before sentencing in Norfolk. Sentencing comes no earlier than 120 days after a finding of guilt; the presentence investigation report goes to the parties at least 35 days before the hearing, and written objections are due at least 21 days before. Objections must be resolved in conference with opposing counsel and the Probation Office no later than 17 days before; sentencing pleadings are due 14 days before, with responses and replies 7 and 4 days before. Defense counsel must attend any Probation Office interview of the defendant, and the report may not be disclosed beyond the defendant unless the court orders otherwise.
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FILED
IN OPEN COURT
IN THE UNITED STATES DISTRICT COURT
APR 1 2 2024
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfollt/Newport News Divisions
CLERK, U.S. DISTRICT COURT
L. NORFOLK. VA
UNITED STATES OF AMERICA,
V. Criminal No. 2:23cr00135-001 (EWH)
MARIA REICH
Defendant.
SENTENCING PROCEDURES ORDER
1. The sentencing hearing shall be scheduled no earlier than ONE HUNDRED
TWENTY (120) DAYS following a finding or verdict of guilt. The Court hereby schedules this
case for sentencing on Zozy at I' in Norfolk.
2. Counsel for Defendant shall attend any intendew of Defendant conducted by the
Probation Office in the course of the presenlence investigation.
3. The presentence investigation report, including guideline eomputations, shall be
completed and provided to the parties at least THIRTY-FIVE (35) DAYS before the sentencing
hearing. This Order shall operate as notice to counsel that the presentence investigation report
will be made available by the Probation Office TFIIRTY-FIVE (35) DAYS before the sentencing
hearing. The presentence investigation report shall not be disclosed to persons other than
Defendant, unless otherwise ordered by the Court.
4. At least TWENTY-ONE (21) DAYS prior to the sentencing hearing, the parties must
state in writing to the Probation Office and opposing counsel any objections to the presentence
investigation report, including objections to material information, sentencing guideline ranges,
and policy statements contained in or omitted from the report.
5. Any party objecting to the presentence investigation report must seek resolution of all
objections in conference with opposing counsel and the Probation Office as soon as possible, but
no later than SEVENTEEN (17) days before the sentencing hearing. The presentence conference
is mandatory, except when the contents of the presentence investigation report are not in dispute,
and the complaining party shall be responsible for scheduling the conference with the Probation
Office and opposing counsel.
6. Counsel for Defendant and the Government shall file sentencing pleadings (as defined
in paragraph 7) no later than FOURTEEN (14) DAYS before the sentencing hearing. Responses
and replies thereto shall be filed SEVEN (7) and FOUR (4) DAYS, respectively, before the
sentencing hearing. Copies shall be provided to the Probation Office on the same schedule.
7. The sentencing pleadings shall include (1) a statement that there are no objections to
the presentence investigation report, if applicable; (2) notice of any objections to the presentence
investigation report and any supporting evidence, documents or affidavits; (3) any motion for a
departure or variance with legal and factual support for the motion; (4) a brief summary of the
anticipated testimony of any expert witness that either side intends to present; (5) a position on
the appropriate sentence; and (6) the legal and factual basis for any forfeiture or restitution
sought by the Government if contested by Defendant.
8. The Probation Office shall transmit to the sentencing judge the presentence
investigation report, including guideline computations and an addendum indicating any
unresolved objections, no later than FOURTEEN (14) days before the sentencing hearing.
9. The time periods set forth above may be modified by the Court for good cause shown.
Time periods under this Order shall be CALENDAR days. In computing any period of time
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under this Order, if any deadline falls on a Saturday, Sunday, or legal holiday, the deadline shall
be the last business day before the Saturday, Sunday or legal holiday.
It is SO ORDERED.
/s/
Elizabeth W. Hanes
United States District Judge
Norfolk, Virginia
Date: 4/12/2024
I HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THE SENTENCING GUIDELINE
ORDER.
4-
X mn 2-
Counsel for the Defendant* Date
21 H |3 I9.H
Counsel foi*lht! Ouvca lent Date
* Counsel for the Defendant shall provide a copy of this Order to Defendant.
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