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United States v. Thompson
United States District Court, D. Nebraska
November 1, 2016
UNITED STATES OF AMERICA, Plaintiff,
DAMIAN THOMPSON, Defendant.
Richard G. Kopf Senior United States District Judge
ORDER ON SENTENCING SCHEDULE
ORDERED that the defendant's unopposed motion to continue
sentencing motion deadline and sentencing hearing (filing no.
58) is granted.
FURTHER ORDERED that the following deadlines and hearing are
reset in this case:
November 10, 2016:
(a) Any proposals to the probation office for community
service, community confinement, intermittent confinement or
(b) Motions to the court:
(1) for departure under the guidelines (including, but not
limited to, motions by the government); and
(2) for deviation or variance from the guidelines as allowed
by the Supreme Court's decision in United States v.
Booker, 125 S.Ct. 738 (2005) or its progeny;
(c) Counsel's filing and serving on all other parties and
the probation officer a written statement of position
respecting each of the unresolved objections to the
presentence report, including the specific nature of each
objection to the presentence report.
(d) If evidence is to be offered in support of or in
opposition to a motion under subparagraph (b) of this
paragraph or in support of or in opposition to an objection
under subparagraph (c) of this paragraph 6, it must be: by
affidavit, letter, report or other document attached to the
statement of position or by oral testimony at the sentencing
hearing. If oral testimony is desired, a request must be made
in the statement of position and the statement of position
must reveal (1) the nature of the expected testimony, (2) the
necessity for oral testimony, instead of documentary
evidence, such as affidavits, (3) the identity of each
proposed witness, and (4) the length of time anticipated for
presentation of the direct examination of the witness or
witnesses. If a request for oral or documentary evidence is
made by one party but not by the adverse party, the adverse
party within five working days thereafter may make a
responsive request for oral or documentary evidence, setting
out details in the same manner as required by this paragraph
(e) Motions for departure should be supported by a brief that
explains why the departure from the guideline sentencing
range is justified by normal guideline departure theory.
Motions for deviation or variance from the guidelines as
allowed under Booker or its progeny should be supported by a
brief that explains why a sentence other than that called for
under the guidelines is justified by a principle of law that
is different in kind or degree from the normal principles of
law applied under a strict application of the guidelines.
(f) It is expected that any objection first raised in a
party's statement of position will be addressed at the
judge's discretion, and that no consideration will be
given to any sentencing factor first raised after the filing
of the written statement.
November 17, 2016: Judge's notice to counsel of
rulings, tentative findings, whether oral testimony is to be
permitted, and how ...
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