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U.S. v. Benzer, 2:13-CR-18 JCM (GWF). (2018)

Court: District Court, D. Nevada Number: infdco20180808c14 Visitors: 30
Filed: Aug. 07, 2018
Latest Update: Aug. 07, 2018
Summary: ORDER JAMES C. MAHAN , District Judge . Presently before the court is a request from Bridger Franzen ("probation") to order new presentence investigation reports for the re-sentencing of Leon Benzer and David Ball. The court applied the 2014 sentencing guidelines in Benzer and Ball's initial sentencing. Benzer and Ball appealed their sentences and the 9th Circuit reversed. On re-sentencing the court must apply the 2016 sentencing guidelines. Since the original presentence investigation rep
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ORDER

Presently before the court is a request from Bridger Franzen ("probation") to order new presentence investigation reports for the re-sentencing of Leon Benzer and David Ball.

The court applied the 2014 sentencing guidelines in Benzer and Ball's initial sentencing. Benzer and Ball appealed their sentences and the 9th Circuit reversed. On re-sentencing the court must apply the 2016 sentencing guidelines. Since the original presentence investigation report is outdated, probation must submit new reports that account for the changes in the sentencing guidelines.

Accordingly, the court orders probation to submit updated presentence investigation reports for both Benzer and Ball's resentencing.

IT IS HEREBY ORDERED that probation's request to submit an updated presentence investigation reports be, and the same hereby is, GRANTED.

Source:  Leagle

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