United Statesv.Dick

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKANov 28, 2012
CASE NO. 8:12CR172 (D. Neb. Nov. 28, 2012)

CASE NO. 8:12CR172

11-28-2012

UNITED STATES OF AMERICA, Plaintiff, v. SHALYN J. DICK, Defendant.


TENTATIVE FINDINGS

The Court has received the Revised Presentence Investigation Report ("PSR"). The parties have not objected to the PSR. See Order on Sentencing Schedule, ¶ 6. The government adopted the PSR. (Filing No. 42.) The Court advises the parties that these Tentative Findings are issued with the understanding that, pursuant to United States v. Booker, 2005 WL 50108 (U.S. Jan. 12, 2005), the sentencing guidelines are advisory.

Accordingly,

IT IS ORDERED:

1. The Court intends to adopt the PSR at the time of sentencing, and will address the Defendant's Motion for Variance (Filing No. 38), and Motion for Downward Departure (Filing No. 40), at the time of sentencing;

2. 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;

3. Absent submission of the information required by paragraph 2 of this Order, these tentative findings are final; and

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

BY THE COURT:

Laurie Smith Camp


Chief United States District Judge