Case Document 299 Filed 10/10/18 Page 1 of 2 Page D# 6623

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division
UNITED STATES OF AMERICA 

v. 
Case No. 1:18-cr-83
PAUL J. MANAFORT, JR, 
Defendant. 



93%

On August 2018. ajury reached a guilty verdict on Counts 1 through 5, 12, 25 and 27
of the Superscding Indictment, but deadlocked on Counts lland
32. Because of manifest necessity, a mistrial was declared on Counts lland 32. The Special Counsel was initially ordered to decide whether to retry defendant on
these counts by August 29, 2018; however, this deadline was continued at the Special Counsel?s
request to one week after any ruling on post-trial motions issued. No post-trial motions have
been ?led in this case.

Instead, defendant entered into a plea agreement with the Special Counsel in the United
States District Com for the District of Columbia. In this plea agreement defendant agrees to
plead guilty to two counts of the Superseding Criminal Information in the District of Columbia
and also agrees to c00peration with the Special Counsel's investigation. (Doc. 2.96.) The 
plea agreement and the parties subsequent ?lings appear to anticipate that defendant?s sentencing
in this case and the govemment?s decision on whether to retry the defendant on Counts ll, 13,
I4, 24, 26, 28. 2.9, 30, 31 and 32 will be deferred until after the defendant?s c00peration is

cemplete. (Doc. 298.) This would be highly unu5ual. In this District, the govemment?s decision

Case Document 299 Filed 10/10/18 Page 2 of 2 Page D# 6624

to re-try a defenth on deadlocked counts is always made in a timely manner and sentencing
occurs within two to no more than four months from entry of a guilty plea or receipt of a jury
verdict. If a defendant is cooperating with the government before sentencing and plans to
continue that cooperation after sentencing, the government must decide whether to ?le a 5K1.l
motion, a Rule 35 motion or both in circumstances where ?ling both is appropriate. This case
appears to he no different from any other case in which defendant is cooperating and that
cooperation is expected to extend beyond a scheduled sentencing date.

Thus, it appears in this case that the preper course of action is to resolve the deadlocked
counts by either retrial or dismissal, to sentence the defendant, and ?nally to resolve any motions
related to defendant?s cooperation.

Accordingly,

It is hereby ORDERED that the parties shall appear on Friday, October 19. 2018 at
1:15 pm. so that defendant may be advised regarding his right to the preparation of a
presentence investigation report (ii) so that a sentencing date may be set and a PSR
ordered, and so that the parties may address dismissal of the outstanding counts on which the
jury deadlocked.

The Clerk is directed to send a copy of this Order to the Marshals Service, the Probation
Of?ce, and all counsel of record.

Alexandria, Virginia
October 10, 2018 T. 8. Ellis, 
United States mic: Judge

 

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