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United States v. Clemons

United States District Court, D. Nebraska

June 11, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CAROL A. CLEMONS, Defendant.

          ORDER ON SENTENCING SCHEDULE

          Susan M. Bazis United States Magistrate 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. June 18, 2019: Counsel's respective versions of the offense(s) to the probation office;

         2. July 9, 2019: Financial information, restitution proposal and any chemical dependency/mental health evaluation to the probation office by counsel;

         3. July 23, 2019: Initial presentence report to counsel by the probation office. Defense counsel will insure that (a) the defendant has had an opportunity to read the initial PSR, or, if the defendant is not fluent in English, that an interpreter has read it to the defendant, and (b) the defendant has had an opportunity to voice any objections to defense counsel, before defense counsel submits objections to the initial PSR;

         4. August 2, 2019: Objections by counsel to the initial presentence report;

         5. August 12, 2019: 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. August 19, 2019:

(a) Any proposals to the probation office for community service, community confinement, intermittent confinement or home detention;
(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 ...

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