IN THE UNITED STATES DISTRICT COURT
                   FOR THE DISTRICT OF NEBRASKA




In re:  Implementation of		)
Sentencing Procedures Under		)
the Sentencing Reform Act		)
of 1984.				)GENERAL ORDER 88-  01  
                              		)


     The following procedures are hereby established to
govern sentencing proceedings under the Sentencing Reform Act of
1984 (Pub.L. 98-473, Title II, c. II,  211-239).  See, 28
U.S.C. 994 and 18 U.S.C. 3553.
     Whereas, to provide adequate time for the United States
probation Office's preparation of the presentence report which is
anticipated to be about thirty-five (35) days in most cases,
disclosure of the report to the parties, the filing of
presentence submissions by the parties, and such other and
further procedures contemplated by the Sentencing Guidelines and
this order,
     IT IS HEREBY ORDERED:
      1)Upon its completion, the probation officer shall
promptly disclose the presentence report to counsel for the
defendant or the pro se defendant and the government.  Within ten
(10) days thereafter, counsel for the defendant, after having
consulted with the defendant, or the pro se defendant, and the
attorney for the government, shall each communicate to the
probation officer any objections to any material information,
sentencing classifications, sentencing guideline ranges, and
policy statements contained in or omitted from the report.  The
due date for such objections shall be contained in the
transmittal letter accompanying the disclosure of the presentence
report.  Objections to the report may in the first instance be
oral or written, but, if oral, shall be confirmed by the objector
immediately thereafter in writing unless the probation officer
forthwith accedes to the oral objection by a written supplement
to the report.
      2)Sentencing shall take place not less than twenty
(20) days after the date of the disclosure of the presentence
report as required by Paragraph 1 of this order, unless a shorter
period is agreed upon by the parties and the Court.
      3)After receiving the objections, the probation
officer shall conduct any further investigation and make any
revisions to the presentence report that may be necessary.  The
officer, as a representative of the Court, may require counsel or
a pro se defendant and counsel for the government to meet at a
designated time and place with the officer to discuss unresolved
factual and legal issues.
      4)Within ten (10) days after receipt of the
objections, the probation officer shall submit the presentence
report to the sentencing judge.  The report shall be accompanied
by an addendum setting forth any unresolved objections, together
with the officer's comments thereon.  The probation officer shall
certify that the report, including any revisions and the
addendum, except those portions not required to be disclosed by
Rule 32 of the Federal Rules of Criminal Procedure, have been 
disclosed to the defendant's counsel or the pro se defendant and
government, and that the addendum fairly states any remaining
objections.
     5)  Except with regard to any unresolved objection made
under subsection (1), the presentence report may be accepted by
the Court as accurate.
     6)  Within seven (7) days after submission to the
sentencing judge of the presentence report and addendum, counsel
for the defendant or the pro se defendant and the government
shall each file and serve upon all other parties and the
probation officer assigned to the case a written statement or
stipulation in accordance with 6A1.2 of the "Sentencing
Guidelines and Policy Statements" (October 1987), or in
accordance with subsequent rules and policies established by the
United States Sentencing Commission, unless, with the permission
of the Court, the defendant waives a presentence investigation
and report, or the Court finds that there is in the record
information sufficient to enable the meaningful exercise of
sentencing discretion, and the Court explains this finding on the
record.  It is expected that the sentencing judge will not take
into account any sentencing factor first raised after the filing
of the written statements.  It shall also contain or be
accompanied by any information by affidavit, letter or other
document regarding any disputed fact or factor and, if any
presentation of oral testimony is requested, the justification
for it, the nature of it, the identity of each witness, and the
length of time anticipated for the presentation.
     7)  Within seven (7) days after the filing of the
written statements provided by Paragraph 6 of this order, the 
sentencing judge shall notify counsel for the defendant or the
pro se defendant and counsel for the government of the judge's
tentative findings on the disputed facts or factors, the time for
and manner of making objections to those findings, and whether a
request for presentation of oral testimony is or is not granted. 
If oral testimony is to be received, it shall be at the
sentencing hearing, unless the sentencing judge sets an earlier
time for receipt of the oral testimony.
     8)  At the sentencing hearing the defendant's counsel
or the pro se defendant and the government's counsel shall have
the opportunity to comment on the probation officer's
determination of the classification of the offense and of the
defendant under the categories established by the Sentencing
Commission and the opportunity to comment on the probation
officer's suggestion of the appropriate kinds of sentence and the
sentencing range.
     9)  Nothing in this rule requires the disclosure of any
portion of the presentence report that are not disclosable under
Rule 32 of the Federal Rules of Criminal Procedure.  The
probation officer may recommend to the Court a specific sentence
within the applicable sentencing guideline table range, or a
departure therefrom, if in the probation officer's opinion such
is justified under the facts and circumstances presented.



         10)  The presentence report shall be deemed to have been 
disclosed when a copy of the report is physically delivered or
three (3) days after a copy of the report or notice of its
availability is mailed, whichever occurs first.
         11)  All copies of the presentence report provided to
counsel and the pro se defendant shall be returned to the United
States Probation Office after completion of the sentencing
proceedings.  No copies or any dissemination of the presentence
report, a confidential court document, or information contained
therein shall be made.  Unauthorized copying or disclosure will
be an act in contempt of court and punished accordingly.

DATED this   15   day of February, 1988.

     BY THE COURT:

            (signed)                    
     LYLE E. STROM, Chief Judge 
     United States District Court

            (signed)                    
     WARREN K. URBOM
     United States District Judge