UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-CR-80131-CANNON 

UNITED STATES OF AMERICA, 

Plaintiff, 

vs. 

VICTOR KALABA, 

Defendant. 

___________________________________/ 

DEFENDANT’S PSI OBJECTIONS

The Defendant, Viktor Kalaba, through counsel, respectfully files these 

objections to his presentence investigation report (“PSI”) pursuant to Rule 32(f) of the 

Federal Rules of Criminal Procedure and the Due Process Clause of the United States 

Constitution, and in support thereof, states:

A PSI follows a defendant throughout his or her time in prison and severely 

affects his custody status, designation, and eligibility for certain programs including 

early release. Accordingly, it needs to be accurate in order to ensure the defendant is 

treated fairly. See generally United States v. Cesaitis, 506 F.Supp. 518, 520-521 (D.C. 

Mich. 1981). “A criminal defendant has a due process right not to be sentenced on the 

basis of false information.” United States v. Davis, 233 Fed. Appx. 944, 946 (11th Cir. 

2007). 

“If the defendant challenges factual statements in the PSI, the government is 

required to support its PSI statements by some reliable substantiation that is 

satisfactory to convince the sentencing court that the truth of the PSI statement is 

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not unlikely.” Id. (internal citations omitted). Under Rule 32(i)(3)(B) of the Federal 

Rules of Criminal Procedure, where the defendant disputes a factual matter in the 

PSI, the sentencing court must “rule on the dispute or determine that a ruling is 

unnecessary either because the matter will not affect sentencing, or because the court 

will not consider the matter in sentencing.” FED. R. CRIM. P. 32(i)(3)(B). 

Page 3, Citizenship. The PSI indicates that Mr. Kalaba is a citizen of Kosovo, 

(DE 25: p.3), but he is not. He is a stateless, political refugee from Albania. 

Paragraph 34, Family Data. The PSI indicates that Mr. Kalaba’s sister Olga 

lives in New Jersey, (DE 25: ¶34), but she lives in Patterson, New York. It also 

indicates that his brother Pashk lives in New York City, but he lives in New City, 

New York. (See DE 25: ¶34). 

Paragraph 40, Physical Condition. The PSI includes Mr. Kalaba’s health 

issues, but it did not also list that he suffers from high blood pressure. (DE 25: ¶40). 

This condition should be added to his PSI to ensure the Bureau of Prisons is aware of 

all of his health issues. 

Wherefore, the Defendant, Viktor Kalaba asks this Court to sustain these 

objections to his PSI and instruct United States Probation to update his PSI 

accordingly. 

 Respectfully submitted,

 MICHAEL CARUSO

FEDERAL PUBLIC DEFENDER

 By: s/M. Caroline McCrae 

 M. Caroline McCrae

 Assistant Federal Public Defender

Attorney for Defendant

Case 9:22-cr-80131-AMC Document 26 Entered on FLSD Docket 12/05/2022 Page 2 of 3
 Florida Bar No. 72164

 250 S Australian Avenue, Suite 400

West Palm Beach, Florida 33401 

 Phone: (561) 833-6288

 Email: caroline_mccrae@fd.org - 

CERTIFICATE OF SERVICE

I HEREBY certify that on December 5, 2022, I electronically filed the foregoing 

document with the Clerk of the Court using CM/ECF. I also certify that the foregoing 

document is being served this day on all counsel of record via transmission of Notices 

of Electronic Filing generated by CM/ECF or in some other authorized manner for 

those counsel or parties who are not authorized to receive electronically Notices of 

Electronic Filing.

 s/M. Caroline McCrae 

 M. Caroline McCrae

Case 9:22-cr-80131-AMC Document 26 Entered on FLSD Docket 12/05/2022 Page 3 of 3