Minute Order Form (06/97)

United States District Court, Northern District of Illinois

Name of Assigned Jud; i Sitting Judge if Othe
Mor Magistrate Judge Milton I. Shadur than Assigned Judge
CASE NUMBER 03 CR 332 DATE 8/18/2003
CASE USA vs. Jeffrey Goldberg
TITLE

[ln the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
of the motion being presented.]

MOTION:

DOCKET ENTRY:

qd) o Filed motion of [ use listing in “Motion” box above.]

(2) Oo Brief in support of motion due

(3) im Answer briefto motion due__. Reply to answer briefdue_.

(4) oO Ruling/Hearingon eset for at

(5) Oo Status hearing[held/continued to] [set for/re-set for]on__—_—sset for att

(6) o Pretrial conference[held/continued to] [set for/re-set forfon___——ssetfor_—s at.
(@) Oo Trial[set for/re-set for]on__at

(8) oO [Bench/Jury trial] [Hearing] held/continuedto at

(9) oO This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]

CIFRCP4(m) CLocal Rule 41.1 OFRCP41(a)\(1) CFRCP41@a)\(2).

(0) «x [Other docket entry] Enter Memorandum. This memorandum is to advise defendant and counsel
for both parties that at the time of sentencing this court will consider a possible two-level increase in the
total offense level and or a possible upward departure under Guideline 5K2.0.

(1) gf [For further detail see order attached to the original minute order.]

No notices required, advised in open court.

No notices required.

oY | Notices mailed by judge's staff.

Notified counsel by telephone.

Docketing to mail notices.

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Copy to judge/magistrate judge. Bua
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA,

)
)
Plaintiff, )
)
v. ) No. 03 CR 332
)
JEFFREY GOLDBERG,
)
Defendant . )
MEMORANDUM

This case has been rescheduled for sentencing from time to
time, with sentencing now scheduled for 1:15 p.m. August 28,
2003. In the interim this Court has received, in addition to the
presentence investigation report (“PSI”), some letters from
victims and three supplemental reports (dated July 11, July 30
and August 8, 2003) from the probation officer that summarize
other victim impact statements. All of those materials have also
been provided to defense counsel and the United States Attorney's
Office.

This memorandum is to advise defendant and counsel for both
parties that at the time of sentencing this Court will consider
one or both of the following bases for possibly imposing a
custodial sentence in excess of the range of 37 to 46 months that
applies to a total offense level of 21 and a criminal history
category of I (the estimate reflected in the PSI):

1. a possible two-level increase in the total offense

level, occasioned by the possible application of the


vulnerable victim adjustment under Guideline §3A1.1;
2. a possible upward departure under Guideline §5K2.0
(or perhaps Guideline §5K2.3 as well) by reason of what may
be found to be the exceptionally severe impact of
defendant's conduct on numerous victims.
It is not necessary that either counsel address those subjects by
written submissions (including any relevant case citations) in
advance of the sentencing date, but they should be prepared to
discuss both those issues on that date.
Ce, hen Di eas

Milton I. Shadur
Senior United States District Judge

Date: August 18, 2003