Court Rules
Judge

Judge Leonie M. Brinkema

Individual Rules, Standing Orders & Policies

Rules last changed:
Eastern District of Virginia

Adjournments

14Calendar Daysnotice
  • Defense counsel must respond within 14 days to reappointment or decline; if no response, Federal Public Defender will be appointed.
Filters:AllMandatoryTRO/Injunction

Document Filing Requirements1 rule

Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

To ensure an efficient method for resolving motions for sentence reductions based on the retroactive amendment to the Sentencing Guidelines(Amendment 821)in the Alexandria Division, it is hereby ORDERED that the United States Probation Office prepare a recalculation worksheet for each defendant who may be eligible for a sentence reduction based on Amendment 821 and file the worksheet under seal with copies supplied to counsel of record.

Summary: Probation Office must prepare and file sealed recalculation worksheets for eligible defendants.

Document Type

Recalculation Worksheet

Content & Formatting
Certificate Of Service
Exhibit List

Filing & Service rules

Sealing & Redaction Procedures

Court will provide certain sealed materials to counsel upon request without motion.

ORDERED that the Court will make available to counsel of record the Presentence Investigation Report, any sealed judgments, and any sealed documents related to sentencing to counsel of record upon their request, without further order ofthe Court. Requests for any other sealed materials must be made by a motion.

Machine summary. Not checked yet. · Criminal cases

Page 2 | Standing Order

Adjournment & Extension Requirements

Defense counsel must respond within 14 days to reappointment or decline; if no response, Federal Public Defender will be appointed.

Each worksheet should include the guidelines used when the defendant was originally sentenced; any reductions to that sentence due to Fed. R. Crim. P. 35(b) motions, the First Step Act, or other adjustments; a summary ofthe defendant's conduct while incarcerated; and the new guideline range resulting from application of Amendment 821; and it is further ORDERED that within 14 days ofthe worksheet being filed, defense counsel of record should move to be re-appointed or decline re-appointment. Ifthere is no response from defense counsel of record or if counsel declines reappointment, the Office ofthe Federal Public Defender will be appointed to represent the defendant, unless it notifies the Court ofa conflict; and it is further

Machine summary. Not checked yet. · Criminal cases

Page 1 | Standing Order

About United States District Judge Leonie M. Brinkema

**Judge Leonie M. Brinkema** was appointed to the Eastern District of Virginia by President Bill Clinton in 1993. Born in Teaneck, New Jersey, Judge Brinkema worked in the U.S. Department of Justice Criminal Division's Public Integrity Section from 1976 to 1977, then joined the U.S. Attorney's Office for the Eastern District of Virginia's Criminal Division, where she served until 1983. After a period in private practice, she was appointed a U.S. Magistrate Judge in the Eastern District of Virginia in 1985, serving until her elevation to the district bench. She was nominated by President Clinton on August 6, 1993, confirmed on October 18, 1993, and received her commission on October 20, 1993. She is known for presiding over high-profile national security and technology cases, including the government's antitrust case against Google in the Alexandria Division. **Education** - Cornell Law School, J.D., 1976 - Rutgers University, M.L.S. (Master in Legal Studies), 1970 - Rutgers University, B.A., 1966 **Career** - U.S. District Judge, Eastern District of Virginia (Alexandria Division), 1993–present - U.S. Magistrate Judge, Eastern District of Virginia, 1985–1993 - Private practice (sole practitioner), 1984–1985 - U.S. Department of Justice, Criminal Division, 1983–1984 - Assistant U.S. Attorney, Eastern District of Virginia, Criminal Division, 1977–1983 - U.S. Department of Justice, Public Integrity Section, 1976–1977

**Division:** Alexandria **Courthouse:** Albert V. Bryan U.S. Courthouse, 401 Courthouse Square, Alexandria, VA 22314 **Phone:** (703) 299-2116

Common questions about Judge Leonie M. Brinkema's rules

What must be included with recalculation worksheet filings before Judge Leonie M. Brinkema?

The rule requires certificate of service and exhibit list. Probation Office must prepare and file sealed recalculation worksheets for eligible defendants.

View ruleSource: page 1, section Standing Order

How does Judge Leonie M. Brinkema handle sealed or redacted filings?

The rule does not state that a motion to seal is required for the covered filing process. Process: file redacted on ecf, file unredacted to clerk, and file unredacted to chambers. Court will provide certain sealed materials to counsel upon request without motion.

View ruleSource: page 2, section Standing Order

How do I request an adjournment or extension before Judge Leonie M. Brinkema?

Requests should be made at least 14 calendar days in advance when this rule applies before Judge Leonie M. Brinkema. Defense counsel must respond within 14 days to reappointment or decline; if no response, Federal Public Defender will be appointed.

View ruleSource: page 1, section Standing Order
Complete rules summary for Judge Leonie M. Brinkema

Probation Office must prepare and file sealed recalculation worksheets for eligible defendants.

Court will provide certain sealed materials to counsel upon request without motion.

Defense counsel must respond within 14 days to reappointment or decline; if no response, Federal Public Defender will be appointed.

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