IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

UNITED STATES OF AMERICA §

§

 Plaintiff, §

§

v. § No. 4:22-CR-00213-P

§

DAVID DEVANEY, SR (01)

DAVID DEVANEY, JR (02)

§

§

§

 Defendants. §

ORDER SETTING SCHEDULE FOR SENTENCING

The schedule for sentencing the defendants in this case and all necessary events and requirements 

prior to the defendant’s sentencing are set out below. 

1. The probation officer shall conduct a presentence investigation and prepare a presentence 

report (“PSR”). 

2. Counsel for the defendant shall be present at the initial interview between the defendant 

and the probation officer (with recent familiarity with U.S.S.G. § 3E1.1, application note 1(a)) and, 

within three (3) government working days from the date of this order, shall schedule the interview 

with the probation officer assigned to prepare the PSR. 

3. Counsel for United States of America, within five (5) government working days of this 

order, shall deliver to the probation officer a written report setting out with specificity: 

a. all information possessed by the office of the United States Attorney for the Northern 

District of Texas that is relevant to (i) the sentencing of the defendant or (ii) the 

acceptability of the plea agreement, if any, including, but not limited to:

(1) all criminal history of the defendant; 

(2) all criminal conduct of the defendant (whether or not charged) occurring 

at any time;

(3) all statements made by the defendant (including transcripts that already 

have been made of recorded statements) and all other notes, memos, or other 

writings pertaining to any statement made by the defendant; 

(4) all investigative reports pertaining to the offense of conviction and to 

relevant conduct; and

b. if the defendant was convicted after trial, a written summary of any evidence presented 

at trial not cumulative of the information provided pursuant to 3.a., above, and that is 

relevant to the sentencing of the defendant including especially, but not limited to, 

evidence that the defendant obstructed justice and evidence of relevant conduct; and

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2

c. in any case in which restitution can be ordered under 18 U.S.C. § 3663 or 18 U.S.C. § 

3663A as a result of the defendant’s criminal conduct, to the extent known to the 

government, the full names of all identified victims of defendant’s criminal conduct 

for which restitution can be ordered, the amount of loss subject to restitution for each 

identified victim, each identified victim’s complete address, and each identified 

victim’s telephone number; provided, however, that all information provided to the 

probation officer pursuant to this paragraph is confidential and for the exclusive use of 

that office and this Court.

4. If, during the presentence investigation, it is determined that Texas Youth Commission 

(“TYC”) records are needed, the Court orders the TYC to release these records to the Probation Officer 

assigned to prepare the PSR, acting in the performance of the officer’s official duties pursuant to Federal 

Rule of Criminal Procedure 32. The specific records that are to be released include documents pertaining 

to the defendant’s social history, court disposition records, substance abuse treatment records, 

psychological evaluations, other mental health treatment records, educational records, general health 

records, adjustment while incarcerated records, and release dates from the TYC. All information 

provided to the probation officer pursuant to this paragraph is confidential and for the exclusive use of 

that office and this Court.

5. The probation officer shall deliver the PSR to the Court, and provide copies to the 

defendant and counsel for the parties, no later than January 4, 2023.

6. Written objections to the PSR in the form illustrated in Exhibit A attached hereto, or 

written notice of no objections, shall be filed and delivered to the Court, the probation officer, and 

counsel for the parties no later than January 18, 2023.

7. A written response to the opposing party’s objections to the PSR shall be electronically 

filed with the clerk of Court and a judge’s copy delivered to the clerk’s office no later than January 

25, 2023.

8. If written objections to the PSR have been timely filed, the probation officer shall 

electronically file an addendum to the presentence report and deliver a judge’s copy to the clerk’s office

no later than February 1, 2023.

9. Each party shall deliver to the Court, the probation officer, and counsel for the parties no 

later than February 1, 2023, any other item the party wishes the Court to consider in connection with 

sentencing, including sentencing memoranda, character letters, and victim statements.1 No sentencing 

memorandum will be longer than 25 pages in length. All character letters and victim statements written 

in a foreign language must be translated into English prior to submission to the Court. At the sentencing, 

the Court will hear from no more than 3 character witnesses on defendant’s behalf.

10. Any motion for a sentence above or below the advisory guideline range set out in the PSR

shall be filed with the district clerk, a copy of the motion shall be delivered to the clerk’s office, and a 

1

 Character letters and victim statements are not to be filed (manually or electronically) with the clerk 

of Court. 

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copy shall be delivered to the probation officer no later than February 1, 2023.

2 Such a motion and 

any response thereto may be filed under seal without being accompanied by a motion to seal so long as 

the motion for departure (or the response thereto) contains in its title the notation, “UNDER SEAL 

PURSUANT TO SCHEDULING ORDER.”3

11. Any party served with a motion for upward departure or downward departure or

sentencing memorandum or a request for sentencing variance shall electronically file a response with

the district clerk and a judge’s copy shall be delivered to the clerk’s office no later than February 8, 

2023.

12. Written objections to the addendum to the PSR, or written notice of no objections, shall 

be filed and delivered to the Court, the probation officer, and counsel for the parties no later than 

February 8, 2023.

13. The sentencing hearing is set for March 2, 2023 at 9:00 am in Fort Worth, Texas, 4th 

Floor Courtroom.

14. The parties must be prepared at the sentencing hearing to present evidence, arguments, 

and legal authorities related to any factual or legal issues that are raised by the PSR or any addendum 

thereto or any objection to either.

15. All motions and responses to motions any party wishes the Court to consider in

connection with any sentencing matter shall be filed with the clerk of Court. If a party desires the sealing 

of any such motion or response, the heading of the instrument must state that the document is being filed 

“under seal” and, except as set out in numbered paragraph 10, above, be accompanied by a motion to 

seal.

SO ORDERED on this November 1, 2022.

2

 Any party moving for a sentence above or below the advisory guideline range must set out in detail 

the facts that support such motion. The party must also clearly indicate whether the party is seeking an upward 

or downward departure under Chapters Four or Five of the United States Sentencing Guidelines or is seeking a 

sentence outside the guidelines regime under 18 U.S.C. §3553(a), or both. If the party is seeking a sentence under 

subsection (a) of § 3553, the party must identify the paragraphs and subparagraphs of subsection (a) that the facts 

implicate in support of a sentence above or below the advisory guideline range and demonstrate in detail how they 

do so.

3

 Motions for a sentence above or below the advisory guideline range filed under seal may be filed 

electronically pursuant to Local Criminal Rule 55.3. 

MARK T. PITTMAN

UNITED STATES DISTRICT JUDGE

Case 4:22-cr-00213-P Document 130 Filed 11/01/22 Page 3 of 5 PageID 655
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

UNITED STATES OF AMERICA §

§

 Plaintiff, §

§

v. § No. 1:23-CR-00001-P

§

JOHN DOE (01) §

§

 Defendant. §

OBJECTIONS TO PRESENTENCE INVESTIGATION REPORT

 

COMES NOW, JOHN DOE, defendant, by and through his attorney of record, Jane Doe, and 

hereby submits these written objections to the presentence investigation report (PSR) dated January 3, 

1994, as prepared by U.S. Probation Officer, Don Smith, and shows as follows: 

OBJECTION NO. 1:

 Defendant objects to paragraph 10 on page 3 of the PSR because . . . . 

OBJECTION NO. 2:

 Defendant objects to paragraph 25 on page 7 of the PSR because . . . . 

WHEREFORE, Defendant respectfully submits these written objections to the presentence 

investigation report and requests the Court to sustain the objections and to grant such other and further 

relief as may be warranted.

 Respectfully submitted,

 Jane Doe

 State Bar No. 00000000 

 FIRM NAME

 ADDRESS

TELEPHONE NUMBER

 Attorney for John Doe 

EXHIBIT “A”

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CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing Defendant’s 

Written Objections to Presentence Investigation Report have been served upon the Assistant U.S. 

Attorney and U.S. Probation Officer on this the _____ day of __________, ______.

_______________________________

Jane Doe

EXHIBIT “A”

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