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United States v. Slaten

United States District Court, E.D. Kentucky, Southern Division, London

April 28, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JOHN SLATEN, Defendant.

          SENTENCING ORDER

          Amul R. Thapar United States District Judge

         On April 18, 2017, John Slaten pled guilty before Magistrate Judge Hanly A. Ingram. Pursuant to 28 U.S.C. § 636(b)(1), Judge Ingram recommends that the Court accept the plea. R. 639. Slaten has not objected, and his time to do so has expired. Id. at 3. Accordingly, the Court ACCEPTS the plea and ADOPTS Judge Ingram's recommendation, R. 639, as the opinion of the Court.

         In compliance with the Sentencing Reform Act, it is hereby ORDERED as follows:

         1. Sentencing proceedings are set in this case for the defendant, John Slaten, on Wednesday, August 2, 2017, at 11:30 a.m., at the United States Courthouse in London, Kentucky.

         2. The defendant and defense counsel shall meet with the probation officer for an interview promptly, and in no event later than ten (10) days from the date of this Order. It shall be the responsibility of defense counsel to contact the Probation Office to ascertain the time and place of the interview, unless defense counsel's attendance is waived.

         3. Not less than thirty-five (35) days prior to the date of the sentencing, the probation officer shall provide a copy of the presentence report to counsel for the parties. Within fourteen (14) days thereafter, counsel shall submit all objections to the presentence report by letter to the probation officer and opposing counsel. After receiving said objections, the probation officer shall conduct a meeting with counsel, investigate the matters of concern and, if warranted, revise the presentence report accordingly.

         4. Not less than ten (10) days prior to the sentencing hearing, the probation officer shall submit the presentence report to the undersigned. The presentence report shall be accompanied by an addendum setting forth all unresolved objections and the probation officer's comments in response. A copy of the revised presentence report, together with the addendum, shall be mailed to counsel for the parties.

         5. Not less than five (5) days prior to the sentencing hearing the parties shall file in the record a memorandum brief in support of their respective positions on any unresolved objections to the presentence report. Absent good cause shown, the Court will not consider untimely filed memoranda.

         6. With the exception of the matters set forth in the addendum, the revised presentence report shall be accepted as accurate. The matters set forth in the addendum, together with such objections as could not have been raised earlier, shall be resolved at the sentencing hearing. In resolving disputed issues of fact, all reliable information shall be considered.

         7. The time set forth in this Order may be modified by the Court for good cause shown, except that the thirty-five (35) day period provided for disclosure of the presentence report pursuant to Fed. R. Crim. P. 32(e)(2) may be diminished only with the defendant's consent.

         8. Nothing in this Order requires the disclosure of any matter exempt therefrom by virtue of Fed. R. Crim. P. 32(i)(1)(B) and (d)(3).

         9. The presentence report will be deemed disclosed:

(a) When the report is physically delivered to counsel;
(b) One (1) day after the report's availability is orally ...

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