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U.S. v. JOHNSON

United States District Court, S.D. Illinois


October 13, 2005.

UNITED STATES OF AMERICA, Plaintiff,
v.
EARNEST D'MARCO JOHNSON, Defendant.

The opinion of the court was delivered by: MICHAEL REAGAN, District Judge

MEMORANDUM and ORDER

Before this Court is Defendant Earnest D'Marco Johnson's "Motion for Government to Secure Defendant's Presence at Sentencing Hearing(s)" (Doc. 265). Therein, counsel for Johnson argues that Johnson's presence at the Paladino hearing (scheduled for December 2, 2005) is necessary in order for the Court to adequately determine whether a sentencing departure is warranted. This Court disagrees. In making a Paladino determination, "the District Court should obtain the views of counsel, at least in writing, but need not require the presence of the Defendant." United States v. Paladino, 401 F.3d 471, 484 (7th Cir. 2005) (emphasis added). The Court will consider any written affidavits that Johnson submits regarding this matter. Johnson's physical presence at the Paladino hearing, however, is unnecessary. Accordingly, the Court hereby DENIES Johnson's motion (Doc. 265).

IT IS SO ORDERED.

20051013

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