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United States v. Vandiver

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

October 31, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
CARY DALE VANDIVER Defendant.

          ORDER SETTING SENTENCING AND DEADLINE DATES AND IMPOSING OTHER RESPONSIBILITIES

          Robert H. Cleland, Judge.

         The Defendant having been convicted and referred to the Probation Department for the preparation of a Presentence Report (PSR), IT IS ORDERED, pursuant to the court's October 16, 2017 Order Resolving General Sentencing Issues for Trial Defendants as follows:

         1) Sentence will be imposed at a hearing on FEBRUARY 6, 2018 at 9:30 AM.

         2) On or before November 6, 2017, the Government shall prepare and file a chart, as described on page 9 of the court's October 16, 2017, order, detailing the racketeering activities for which it seeks to hold Defendant accountable.[1] Such chart will aid, but not bind, the Probation Department in locating and considering trial evidence in preparation of the PSR.

         3) No response from Defendant is needed at this point, and appropriate objections will be due after the PSR is circulated.

         4) On or before DECEMBER 6, 2017, the PSR must be submitted to counsel by the Probation Officer for review and possible objections.

         5) On or before JANUARY 4, 2018, any PSR objection must be stated to the Probation Officer but not filed on the docket. In stating an objection, counsel must use a format substantially similar to the attached Addendum.[2]

         6) On or before JANUARY 18, 2018, the proposed final form of the PSR must be delivered to the court by the Probation Department.

         7) Not later than JANUARY 25, 2018, 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. To avoid inadvertent forfeiture of a basis for variance, each basis asserted must be plainly stated in a separate numbered paragraph or section. Specificity as to the Defendant at hand is needed; boilerplate, generic dissertations on post-Booker sentencing processes are not helpful.

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

         9) A Sentencing Memorandum is optional, [3] but due SEVEN DAYS before sentencing.

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

         11) Allocution at sentencing should not exceed fifteen minutes for Defendant's counsel, fifteen minutes for Defendant ...


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