USA v. McCullum

1 REV. 10/2024
CAE___MEMO__COURT (W ORDER)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
M E M O R A N D U M
Honorable Kirk E Sherriff RE: Vernon McCullum
Docket Number: 0972 1:25CR00109-1
Request to Vacate Sentencing Hearing
United States District Judge
Fresno, California
Your Honor:
On November 21, 2025, Mr. McCullum made his Initial Appearance before the Honorable
United States Magistrate Judge Christopher D. Baker. At that time, the client admitted to
Charge 1 of the Probation 12C Superseding Petition for Warrant For Person Under Supervision
that was filed on August 12, 2025. A sentencing hearing was scheduled, before Your Honor,
on December 15, 2025.
During the initial appearance, the government made it clear on the record that no agreement
to dismiss Charges 2 & 3 of the petition existed and these matters were unresolved.
Yesterday, I confirmed with AUSA Baty that the government is not prepared to dismiss the
remaining charges at this time. Given that the violation petition is still unresolved I am
respectfully requesting that the current sentencing hearing be vacated.
As there is no agreement from the government to dismiss the remaining charges and the
client has entered a denial to Charges 2 and 3, we are respectfully requesting that the Court
set a contested hearing to determine the outcome of the remaining charges.
Case 1:25-cr-00109-KES Document 26 Filed 12/04/25 Page 1 of 3

RE: Vernon McCullum
Docket Number: 0972 1:25CR00109-1
Request to Vacate Sentencing Hearing
2 REV. 01/2021
CAE___MEMO__COURT (W ORDER)
Respectfully submitted, Reviewed by,
Lee McSorley
Supervisory United States Probation Officer
Timothy Mechem
Assistant Deputy Chief United States Probation
Officer
Dated: December 2, 2025
Fresno, California
Lr/LM
ORDER OF THE COURT
THE COURT ORDERS:
☒ Approved ☐ Disapproved
The disposition hearing set for December 15, 2025, in this matter is vacated. This matter
is set for a revocation hearing on January 7, 2025, at 10:00 a.m., in Courtroom 6, as to the
remaining charges (Charges 2 and 3).
IT IS SO ORDERED.
Dated: December 4, 2025
UNITED STATES DISTRICT JUDGE
Case 1:25-cr-00109-KES Document 26 Filed 12/04/25 Page 2 of 3

RE: Vernon McCullum
Docket Number: 0972 1:25CR00109-1
Request to Vacate Sentencing Hearing
3 REV. 01/2021
CAE___MEMO__COURT (W ORDER)
Attachment(s)
cc: Luke Baty
Assistant United States Attorney
Laura Myers
Defense Counsel
Case 1:25-cr-00109-KES Document 26 Filed 12/04/25 Page 3 of 3