United States District Court, E.D. Kentucky, Northern Division, Covington
R. Thapar, United States District Judge
April 27, 2017, Jonathan Osorio Uriarte pled guilty before
Magistrate Judge Candace J. Smith. Pursuant to 28 U.S.C.
§ 636(b)(1), Judge Smith recommends that the Court
accept the plea. R. 201. Uriarte has not objected, and his
time to do so has expired. Id. at 3. Accordingly,
the Court ACCEPTS the plea and
ADOPTS Judge Smith's recommendation, R.
201, as the opinion of the Court.
compliance with the Sentencing Reform Act, it is hereby
ORDERED as follows:
Sentencing proceedings are set in this case for the
defendant, Jonathan Osorio Uriarte, on Thursday, August 17,
2017, at 11:00 a.m., at the United States Courthouse in
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.
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.
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
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.
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.
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
Nothing in this Order requires the disclosure of any matter
exempt therefrom by virtue of Fed. R. Crim. P. 32(i)(1)(B)
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