S:\Cleland\LISA\Criminal\Sentencing Forms\sentprocedures_order_2009_11.wpd

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v. Case No. 08-cr-20637

CHEIKH MBACKE

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 March 2, 2010 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 January 12, 2010 the PSR must be submitted to counsel by the

Probation Officer for review and possible objections.

3) On or before January 26, 2010, 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 February 9, 2010, the proposed final form of the PSR must be

delivered to the court by the Probation Department.

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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.

S:\Cleland\LISA\Criminal\Sentencing Forms\sentprocedures_order_2009_11.wpd

5) Not later than February 16, 2010, 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 five minutes for Defendant’s

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

Date: December 15, 2009

s/Robert H. Cleland

ROBERT H. CLELAND

United States District Judge

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S:\Cleland\LISA\Criminal\Sentencing Forms\sentprocedures_order_2009_11.wpd

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 replicated 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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