UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

Case No. 15-20149-2.3

Judge Robert H. Cleland

RINO FORMICUCCIA AND MICHELE

LOIACONO

Defendant .

___________________________________/

 ORDER SETTING SENTENCING AND DEADLINE DATES 

AND IMPOSING OTHER RESPONSIBILITIES

The Defendant having been convicted and referred to the Probation Department for

the preparation of a Presentence Report (PSR), IT IS ORDERED as follows:

1) Sentence will be imposed on AUGUST 4, 2015 at 2:00 PM. If a custodial sentence

is imposed, the defendant must be prepared to submit to custody on the day of

sentencing.

2) On or before JUNE 23, 2015, the PSR must be submitted to counsel by the

Probation Officer for review and possible objections.

3) On or before JULY 7, 2015, any PSR objection must be stated to the Probation

Officer (but cannot be filed on the docket). In stating an objection, counsel must use

a format substantially similar to the attached Addendum. A purported PSR

objection originating in a letter, an e-mail, a “sentencing memorandum,” etc., will be

rejected by the Probation Officer and returned to the party who provided it.

4) On or before JULY 21, 2015, the proposed final form of the PSR must be delivered

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to the court by the Probation Department.

5) Not later than JULY 28, 2015, any request by either party for a departure or

variance from the Guidelines range must be presented in the form of a motion with

a supporting brief.

6) Not later than SEVEN DAYS before sentencing, any opposition to the other party’s

motion for departure or variance motion must be filed.

7) A Sentencing Memorandum is optional,1

 but due SEVEN DAYS before

sentencing.

8) Counsel must provide a copy of any motion, opposition to a motion, and

memorandum to the Probation Officer. 

9) Allocution at sentencing will ordinarily not exceed ten minutes for Defendant’s

counsel, ten minutes for Defendant and ten minutes for government counsel.

s/Robert H. Cleland 

Robert H. Cleland

United States District Judge

Dated: June 18, 2015

I hereby certify that a copy of the foregoing document was served upon counsel of record

on June 18, 2015, by electronic and/or ordinary mail.

s/Lisa Wagner 

Case Manager

1

 A sentencing memorandum is often superfluous in light of a motion for variance,

and more important in the absence of such a motion. Memoranda are ordinarily

reviewed by the court in the few days leading to sentencing. Do not use a sentencing

memorandum as a substitute for a motion for a USSG departure or 18 USC

§3553(a)(2) variance in sentence.

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SAMPLE

PRESENTENCE REPORT ADDENDUM

Defendant’s name:

Docket #:

Date:

Objection #:

Page #:

Paragraph #:

Line(s) #:

Section I: Defendant’s/Government’s objection:

_____________________________

Attorney’s signature 

_________________________________

I affirm the truth of every factual statement above.

Defendant’s signature

Section II: Probation officer’s comments:

Instructions for counsel

(Do not replicate instructions on the Addendum to be submitted)

1) Provide all objections directly to the Probation Officer, and do not file them on the docket.

2) Any objection or claim that a guideline or application note has been incorrectly applied or

omitted must be accompanied by a clear explanation. Saying only that “the defendant

disputes” a fact without providing an alternate explanation or reference to specific evidence

is generally unavailing.

3) Do not use the Addendum format or the formal “objection” process to merely 

• point out a minor factual error, i.e., those that have no effect on guideline

calculations nor forms the basis for a departure. Such claims may be presented to

the Probation Officer by letter or memorandum.

• argue a mechanical result or an alternate guideline calculation that depends on the

resolution of a challenged factual item.

• react to required PSR comments such as factors for possible departure. Such

matters may be presented to the court in the form of a sentencing memorandum. 

4) When a party has presented a material objection that has not been accepted by the

Probation Officer and remains for resolution by the court, any opposition must expressed in

writing whether or not the court specifically orders a response. Always provide a copy to the

Probation Officer. Responses should correspond to the numbering of the objection(s) and

clearly explain the party’s position in reaction to the objection.

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