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United States v. Aguilar-Guevara

United States District Court, E.D. Michigan, Southern Division

October 13, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
GILBERTO AGUILAR-GUEVARA Defendant

          ORDER SETTING SENTENCING AND DEADLINE DATES AND IMPOSING OTHER RESPONSIBILITIES

          Robert H. Cleland United States District Judge

         The Defendant having been convicted and referred to the Probation Department for the preparation of a Presentence Report (PSR), IT IS ORDERED as follows:

         1) Sentence will be imposed on FEBRUARY 9, 2017 at 1:30 PM. If a custodial sentence is imposed, the defendant must be prepared to submit to custody on the day of sentencing.

         2) On or before DECEMBER 22, 2016, the PSR must be submitted to counsel by the Probation Officer for review and possible objections.

         3) On or before JANUARY 5, 2017, any PSR objection must be stated to the Probation Officer (but cannot be filed on the docket). In stating an objection, counsel must use a format substantially similar to the attached Addendum. A purported PSR objection originating in a letter, an e-mail, a “sentencing memorandum, ” etc., will be rejected by the Probation Officer and returned to the party who provided it.

         4) On or before JANUARY 19, 2017, the proposed final form of the PSR must be delivered to the court by the Probation Department.

         5) Not later than JANUARY 26, 2017, any request by either party for a departure or variance from the Guidelines range must be presented in the form of a motion with a supporting brief.

         6) Not later than SEVEN DAYS before sentencing, any opposition to the other party's motion for departure or variance motion must be filed.

         7) A Sentencing Memorandum is optional, [1] but due SEVEN DAYS before sentencing.

         8) Counsel must provide a copy of any motion, opposition to a motion, and memorandum to the Probation Officer.

         9) Allocution at sentencing will ordinarily not exceed ten minutes for Defendant's counsel, ten minutes for Defendant and ten minutes for government counsel.

         SAMPLE

         PRESENTENCE ...


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