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Sentencing Order -1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

UNITED STATES OF AMERICA,

 Plaintiff,

v.

BRIANA WATERS,

 Defendant.

 

CASE NO. CR05-5828RBL 

 

ORDER REGARDING

SENTENCING PROCEDURE 

THIS MATTER comes before the Court on Defendant's conviction, and the Court having

set September 23, 2011 at 1:30 p.m. for sentencing, it is hereby

ORDERED

At least six (6) days prior to the Sentencing Hearing, Counsel shall inform the probation

officer and the courtroom deputy, Jean Boring at (253)882-3823, whether or not an

evidentiary hearing will be necessary at the sentencing and, if so, whether

witnesses will be called, who they will be, and an estimated length of the hearing

1. A presentence report is to be prepared by the U.S. Probation Department.

2. Not less than thirty-five (35) days before the sentencing hearing, the United States

probation officer shall furnish the presentence report to the defendant, the defendant's counsel

and the attorney for the government. Within fourteen (14) days after receiving the presentence

report, the parties shall communicate in writing to the probation officer, and to each other, any

objections to any material information, sentencing classifications, sentencing guideline ranges,

and policy statements contained in or omitted from the presentence report. After receiving

objections, the probation officer may require the defendant, the defendant's counsel, and the

attorney for the Government to meet with the probation officer to discuss unresolved factual and
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Sentencing Order -2

legal issues. The probation officer may also conduct a further investigation and revise the

presentence report as appropriate.

Not less than seven (7) days before the sentencing hearing, the probation officer shall

submit the presentence report, as revised, together with any addendum, setting forth any

unresolved objections, the grounds for those objections, and the probation officer's comments

on the objections and the sentencing recommendations, to the Court, the defendant, the

defendant's counsel and the attorney for the Government.

3. If the Government intends to file a § 5K1.1 motion for substantial assistance, the

motion must be served on all counsel and filed under seal fourteen (14) days prior to

sentencing. In such event, the Government must also serve and file under seal a written

statement of the nature and extent of the defendant's cooperation. Any motion under § 5K1.1

and the supporting written statement must also be provided to the probation officer who has

prepared the presentence report. If the Government files a § 5K1.1 motion requesting that the

Court depart from the Guidelines, the defendant may file, in response, his or her version of the

defendant's cooperation. Any such response by the defendant must be filed at least six (6)

court days prior to sentencing and may be included in the defendant's sentencing

memorandum.

4. In the event the defendant wishes to provide a written statement accepting

responsibility, the statement should be signed by the defendant. The original should be

provided to the United States Probation Office with a copy to the United States Attorney at least

fourteen (14) days prior to sentencing.

5. Counsel for the United States or for a defendant shall serve copies of any sentencing

memorandum or related documents upon all other parties and upon the United States Probation

Office at least six (6) court days prior to sentencing.

The Clerk of the Court shall send uncertified copies of this Order to all counsel of record and

to the U.S. Probation Office.

A 

BENJAMIN H. SETTLE

United States District Judge