USA v. McFarland-Bishop

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
JAMES MCFARLAND-BISHOP,
Defendant.
4:24CR3034
AMENDED ORDER ON
SENTENCING SCHEDULE
Pursuant to the Local Rules of Practice (see NECrimR. 32.1(b)), and the
sentencing practices of this court more generally, and to set a schedule and a
procedure for sentencing before the sentencing judge,
IT IS ORDERED that the following deadlines and procedures are set in this
case:
1. November 5, 2025: Counsel's respective versions of the offense(s) to the
probation office;
2. November 26, 2025: Financial information, restitution proposal and any
chemical dependency/mental health evaluation to the probation office by
counsel;
3. December 10, 2025: Initial presentence report to counsel by the probation
office. Defense counsel will insure that (a) the defendant has had an
opportunity to read the initial PSR, or, if the defendant is not fluent in English,
that an interpreter has read it to the defendant, and (b) the defendant has
had an opportunity to voice any objections to defense counsel, before
defense counsel submits objections to the initial PSR;
4. December 22, 2025: Objections by counsel to the initial presentence report;
5. January 2, 2026: Probation office's submission to the judge and counsel of
initial or revised presentence report with changes, if any, responsive to
counsels’ objections, and, if needed, an addendum explaining the probation
officer’s position regarding any objections to the presentence report
previously submitted by counsel;
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6. February 26, 2026:
(a) Any proposals to the probation office for community service,
community confinement, intermittent confinement or home detention;
(b) Motions to the court:
(1) for departure under the guidelines (including, but not limited
to, motions by the government) ; and
(2) for deviation or variance from the guidelines as allowed by
the Supreme Court’s decision in United States v. Booker, 125
S. Ct. 738 (2005) or its progeny;
(c) Counsel's filing and serving on all other parties and the probation
officer a written statement of position respecting each of the
unresolved objections to the presentence report, including the specific
nature of each objection to the presentence report.
(d) If evidence is to be offered in support of or in opposition to a
motion under subparagraph (b) of this paragraph or in support of or in
opposition to an objection under subparagraph (c) of this paragraph
6, it must be: by affidavit, letter, report or other document attached to
the statement of position or by oral testimony at the sentencing
hearing. If oral testimony is desired, a request must be made in the
statement of position and the statement of position must reveal (1) the
nature of the expected testimony, (2) the necessity for oral testimony,
instead of documentary evidence, such as affidavits, (3) the identity
of each proposed witness, and (4) the length of time anticipated for
presentation of the direct examination of the witness or witnesses. If
a request for oral or documentary evidence is made by one party but
not by the adverse party, the adverse party within five working days
thereafter may make a responsive request for oral or documentary
evidence, setting out details in the same manner as required by this
paragraph 6(d).
(e) Motions for departure should be supported by a brief that explains
why the departure from the guideline sentencing range is justified by
normal guideline departure theory. Motions for deviation or variance
from the guidelines as allowed under Booker or its progeny should
be supported by a brief that explains why a sentence other than that
called for under the guidelines is justified by a principle of law that is
different in kind or degree from the normal principles of law applied
under a strict application of the guidelines.
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(f) It is expected that any objection first raised in a party’s statement
of position will be addressed at the judge’s discretion, and that no
consideration will be given to any sentencing factor first raised after
the filing of the written statement.
7. March 26, 2026 at 1:00 p.m.: Sentencing before Judge Bazis in Lincoln,
Courtroom #1.
A probation officer must submit a sentencing recommendation to the
sentencing judge no later than seven days before the sentencing hearing. The
probation officer is directed to provide copies of any sentencing recommendation
to counsel for the government and counsel for the defendant at the time the
recommendation is submitted to the sentencing judge.
The dates in paragraphs 3 and 4 of this order may be altered by written
notice to counsel and the judge by the probation office.
DATED this 13th day of January, 2026.
BY THE COURT:
s/ Susan M. Bazis
United States District Judge
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