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United States v. Gaines

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

November 14, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
GERALD GAINES 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 March 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 January 19, 2017, the PSR must be submitted to counsel by the Probation Officer for review and possible objections.

         3) On or before February 2, 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 February 16, 2017, the proposed final form of the PSR must be delivered to the court by the Probation Department.

         5) Not later than February 23, 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 REPORT ADDENDUM

         Defendant's ...


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