Vernardo Henley, who was convicted by jury in January 2025, sought to postpone his April 16, 2026 sentencing and revocation hearings in the Middle District of Georgia. Defense attorney Eric Landon Gay cited two reasons for the requested delay: a scheduling conflict due to a continuing education conference in Denver and his inability to obtain the Presentence Investigation Report from the U.S. Probation Office.
Judge Sands granted the motion but expressed concern about the procedural lapses that necessitated the delay. The court noted that although Gay was appointed as substitute counsel on December 4, 2025, 'Mr. Gay has not entered his appearance as counsel in this case which is a prerequisite for the USPO to provide him with a copy of the Presentence Investigation Report.' The judge emphasized that counsel must 'promptly take the necessary steps for provision of the report, including a notice of appearance in both cases.'
The court's order highlighted multiple procedural failures by defense counsel. As Judge Sands wrote, 'Mr. Gay has not requested a copy of the Presentence Investigation Report from the USPO, and the deadline to object to the Presentence Investigation Report has expired without a request by counsel to extend such deadline.' The judge also noted that Gay had failed to enter his appearance in the related revocation case despite being appointed counsel in December 2025.
This marks Henley's second request to continue sentencing since his jury conviction on January 29, 2025. The original April 16 hearing was scheduled with notice docketed on February 12, 2026, giving counsel more than two months' advance notice. Judge Sands also criticized Gay for failing to indicate whether he had conferred with government counsel about the continuance request.
The court rejected any suggestion that the delay was solely due to the scheduling conflict, instead focusing on the procedural deficiencies that prevented adequate case preparation. Judge Sands noted the requirement under Federal Rule of Criminal Procedure 32(b)(1) to 'impose a sentence without unnecessary delay,' but found the continuance necessary given counsel's failure to obtain essential documents for sentencing preparation.
The order reflects growing judicial frustration with attorneys who fail to follow basic procedural requirements. Judge Sands specifically instructed that 'in the future where a motion is based on a scheduling conflict, counsel is instructed to provide the above details as to that scheduling conflict and opposing counsel's position, if any.' This guidance suggests the court views Gay's motion as procedurally deficient beyond the substantive issues.
The sentencing and revocation hearings have been rescheduled for June 24, 2026, at 1:30 p.m. in Albany, Georgia. The delay gives defense counsel additional time to complete the basic procedural steps required for effective representation, though it extends the timeline for resolution of Henley's case by more than two months beyond the original schedule.