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U.S. v. Purvis, 8:15CR304. (2016)

Court: District Court, D. Nebraska Number: infdco20160520c31 Visitors: 10
Filed: May 19, 2016
Latest Update: May 19, 2016
Summary: TENTATIVE FINDINGS LAURIE SMITH CAMP , Chief District Judge . The Court has received the Revised Presentence Investigation Report and Addendum ("PSR"), and the parties' objections (Filing Nos. 170 and 174). See Amended Order on Sentencing Schedule, 6. The Court advises the parties that these Tentative Findings are issued with the understanding that, pursuant to United States v. Booker, 543 U.S. 220 (2005), the sentencing guidelines are advisory. Accordingly, IT IS ORDERED: 1. The
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TENTATIVE FINDINGS

The Court has received the Revised Presentence Investigation Report and Addendum ("PSR"), and the parties' objections (Filing Nos. 170 and 174). See Amended Order on Sentencing Schedule, ¶ 6. The Court advises the parties that these Tentative Findings are issued with the understanding that, pursuant to United States v. Booker, 543 U.S. 220 (2005), the sentencing guidelines are advisory.

Accordingly,

IT IS ORDERED:

1. The government's Objection to Revised Presentence Investigation Report and Plaintiff's Statement (Filing No. 170) is sustained:

2. The Defendant's Sealed Objections to Presentence Investigation Report (Filing No. 174) will be heard at the sentencing hearing;

3. The Court intends to adopt the PSR in all other respects;

4. If any party wishes to challenge these tentative findings, the party shall immediately file in the court file and serve upon opposing counsel and the Court a motion challenging these tentative findings, supported by (a) such evidentiary materials as are required (giving due regard to the requirements of the local rules of practice respecting the submission of evidentiary materials), (b) a brief as to the law, and (c) if an evidentiary hearing is requested, a statement describing why an evidentiary hearing is necessary and an estimated length of time for the hearing;

5. Absent submission of the information required by paragraph 3 of this Order, these tentative findings are final; and

6. Unless otherwise ordered, any motion challenging these tentative findings shall be resolved at sentencing.

Source:  Leagle

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