UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
May 10, 2011
UNITED STATES OF AMERICA,
JOHN MCQUILKIN, DEFENDANT.
The opinion of the court was delivered by: Pollak, J.
AND NOW, this 10 of May, 2011, for the reasons discussed in the accompanying memorandum, it is hereby ORDERED as follows:
1. On June 14, 2011, at 2:00 p.m., the court will hold a hearing on John McQuilkin's motion to reduce the period of disability.
2. This memorandum and order will serve as notice, as required by § 504, to the Secretary of Labor, the District Attorney for the City of Philadelphia, the United States Attorney for the Eastern District of Pennsylvania, and the United States Probation Office for the Eastern District of Pennsylvania. A copy of this memorandum and order will be sent, via certified mail, to each of these parties.
3. The parties will be permitted to submit affidavits and/or live testimony. To the extent live testimony is offered and permitted, each side will have an opportunity to cross-examine the other's witnesses.
4. The parties are directed to provide each other, and the court, with witness lists and copies of all exhibits on or before June 7, 2011, unless directed otherwise. The witness list shall include a brief description of each witness's expected testimony.
5. Except as otherwise provided herein, the court will follow procedures applicable to the resolution of disputed factors at sentencings. See United States Sentencing Guideline § 6A1.3.
6. The Clerk of Court shall send a copy of this memorandum and order to the following parties:
A. Secretary Hilda L. Solis
Secretary of Labor U.S. Department of Labor 200 Constitution Ave., NW Washington, DC 20210
B. R. Seth Williams
District Attorney Office of the District Attorney, City of Philadelphia Three South Penn Square Philadelphia, PA 19107-3499
C. Emily McKillip
United States Attorney's Office 615 Chestnut Street, Suite 1250 Philadelphia, PA 19106
D. Kyle Watts
U.S. Probation Office William J. Green Federal Building 600 Arch Street, Suite 2400 Philadelphia, PA 19106-1797
BY THE COURT:
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