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United States v. Sikes

United States District Court, D. Nebraska

June 28, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JEFFERY S. SIKES, Defendant.

          AMENDED ORDER ON SENTENCING SCHEDULE

          John M. Gerrard United States District Judge

         Pursuant to the Local Rules of Practice, see NECrimR. 32.1(b), and the sentencing practices of this Court more generally, and to set a schedule and a procedure for sentencing before the sentencing judge, IT IS ORDERED that the following deadlines and procedures are set in this case:

         1. August 4, 2017: Objections by counsel to the initial presentence report;

         2. October 3, 2017: In preparation for an evidentiary hearing addressing the loss calculation and restitution for purposes of sentencing:

a. The parties shall jointly prepare and file with the Court:
1) A statement of uncontroverted facts, and
2) A list of controverted and unresolved issues;
b. The parties shall deliver to the Court copies of all exhibits they intend to present at the evidentiary hearing, in a three-ring binder organized for use by dividers or tabs, listed on exhibit forms available from the Clerk's office or on the Court's external web page at http://www.ned.uscourts.gov/forms, and numbered as provided by NECrimR 12.6;
c. The parties shall file and serve on opposing counsel trial briefs, proposed findings of fact and conclusions of law, and witness lists, including the full name and address of each witness whom the party may call to testify at trial;

         3. October 23, 2017 at 9:00 a.m.: Evidentiary hearing before Judge Gerrard;

         4. October 30, 2017: Judge's notice to counsel of tentative findings regarding the defendant's loss calculation, amount of restitution, and other contested issues addressed at the October 23 evidentiary hearing;

         5. November 7, 2017: Probation office's submission to the judge and counsel of initial or revised presentence report with changes, if any, responsive to counsels' objections, and, if needed, an addendum explaining the probation officer's position regarding any objections to the presentence report previously submitted by counsel; 6. November 14, 2017:

a. Any proposals to the probation office for community service, community confinement, intermittent ...

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