USA v. SMITH, et al.

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
UNITED STATES OF AMERICA,
v.
YARDLEY PAYNE,
Defendant.
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CASE NO:
7:23-cr-65—WLS-AGH
ORDER
On 	October 	12, 	2025, 	Peter 	L. 	Martin, 	United 	States 	Probation 	Officer, 	via
memorandum, requested a continuance of Defendant Yardley Payne’s sentencing hearing
currently scheduled for October 29, 2025. The continuance is requested to review and revise
Defendant’s criminal history convictions, in particular a prior Aggravated Assault conviction
that is expected to increase Defendant’s guideline imprisonment range. Mr. Martin represents
that he has advised the parties’ counsel of this potential impact, and they agree to the
continuance of the sentencing hearing to allow time for counsel and the parties to review any
revised information and to file any additional objections that may be appropriate. Mr. Martin
states that rescheduling the sentencing hearing to November or December 2025 will allow
sufficient time for a thorough investigation to be completed and disclosed in time for other
parties to review prior to a rescheduled sentencing hearing. Finally, Mr. Martin states that
Defendant has been in federal custody since August 17, 2023. However he is facing a lengthy
term of imprisonment and based on an initial guideline calculations, the danger of an over-
service of confinement is unlikely.
This Court is required by Federal Rule of Criminal Procedure 32(b)(1) to “impose a
sentence without unnecessary delay.” On July 24, 2025, a jury found Defendant guilty of
Possession of a Firearm by a Convicted Felon and Possession of a Firearm by a Drug User.
Defendant’s sentencing has not previously been continued. Based on the circumstances of this
case and the requirements set forth in 18 U.S.C. § 3553(a), including to impose a sentence that
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is “sufficient, but not greater than necessary,” to serve the purposes of sentencing the Court
finds that a continuance of Defendant’s sentencing in this matter is appropriate.
Accordingly, it is hereby ORDERED that Yardley Payne’s sentencing hearing
scheduled to take place on October 29, 2025, is CANCELLED. Defendant’s sentencing
hearing shall be rescheduled by a separate Order of this Court.
SO ORDERED, this 23rd day of October 2025.
/s/W. Louis Sands
W. LOUIS SANDS, SR. JUDGE
UNITED STATES DISTRICT COURT
Case 7:23-cr-00065-WLS-AGH Document 903 Filed 10/23/25 Page 2 of 2