Filed: Jun. 06, 2016
Latest Update: Jun. 06, 2016
Summary: TENTATIVE FINDINGS LAURIE SMITH CAMP , Chief District Judge . The Court has received the 2nd Revised Presentence Investigation Report and Addendum ("PSR"), and the Defendant's objections (Filing No. 243). The government adopted the PSR (Filing No. 246.) 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
Summary: TENTATIVE FINDINGS LAURIE SMITH CAMP , Chief District Judge . The Court has received the 2nd Revised Presentence Investigation Report and Addendum ("PSR"), and the Defendant's objections (Filing No. 243). The government adopted the PSR (Filing No. 246.) 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 a..
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TENTATIVE FINDINGS
LAURIE SMITH CAMP, Chief District Judge.
The Court has received the 2nd Revised Presentence Investigation Report and Addendum ("PSR"), and the Defendant's objections (Filing No. 243). The government adopted the PSR (Filing No. 246.) 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 Court takes judicial notice of the evidence presented at trial and specifically finds that the evidence was sufficient to support the jury verdicts on all counts, as well as the sentencing enhancements and the calculation of restitution reflected in the PSR;
2. Defendant's Objections to Presentence Investigation Report (Filing No. 243) are overruled to the extent they challenge whether the evidence presented at trial was sufficient to support the jury verdicts on all counts, as well as the sentencing enhancements and the calculation of restitution reflected in the PSR, and to the extent they seek to strike or modify the government's version of the case;
3. Remaining objections asserted by the Defendant in Filing No. 243 will be heard at the sentencing hearing;
4. The Court intends to adopt the PSR in all other respects;
5. 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;
6. Absent submission of the information required by paragraph 3 of this Order, these tentative findings are final; and
7. Unless otherwise ordered, any motion challenging these tentative findings shall be resolved at sentencing.
