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United States District Court for the District of Montana, Billings Division
October 31, 2022, Decided; October 31, 2022, Filed
ORDER SETTING SENTENCING
Defendant entered his plea of guilty before U.S. Magistrate Judge Timothy J. Cavan in open court on October 14, 2022. United States Magistrate Judge Timothy J. Cavan entered Findings and Recommendation in this matter on October 14, 2022 (Doc. 13). No objections having been filed within fourteen days thereof,
IT IS HEREBY ORDERED that Judge Cavan's Findings and Recommendations (Doc. 13) are ADOPTED IN FULL;
IT IS HEREBY ORDERED that,
1. Sentencing is set for Friday, February 24, 2023 at 9:30 a.m., in the James F. Battin Courthouse, 2601 Second Avenue North, Billings, Montana.
2. The United States Probation Office shall conduct a presentence investigation and prepare a presentence report. Fed. R. Crim. P. 32(c), (d); 18 U.S.C. § 3552(a).
3. The probation officer shall disclose the completed report, except for recommendations of the probation officer as follows: [*2] two copies to counsel for Defendant, and one copy to counsel for the government on or before January 10, 2023. The probation officer shall not disclose any recommendation made or to be made to the Court.
4. If restitution is mandatory, the probation officer shall discuss a payment plan with Defendant and shall make recommendations to the Court concerning interest and a payment schedule.
5. Counsel shall attempt in good faith to resolve disputes over any material in the presentence report. Unresolved objections to be relied upon at sentencing shall be presented to the probation officer on or before January 20, 2023. U.S.S.G. § 6A1.2. If there is a dispute over any material in the presentence report, counsel shall meet with the probation officer and attempt to resolve disputes informally by diligent good faith effort. Any requests for extensions of time to present objections to the probation officer must be ranted b the Court. Extensions will not be granted absent compelling reasons. Any unresolved objections are expected to be included in the pre-sentence report, not in a sentencing memorandum.
6. The presentence report, in final form, including any unresolved objections, shall be delivered to the Court [*3] and the parties on or before February 3, 2023.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2022 U.S. Dist. LEXIS 197940 *; 2022 WL 16549305
UNITED STATES OF AMERICA, Plaintiff, vs. NATHAN NEPHI ZITO, Defendant.
Prior History: United States v. Zito, 2022 U.S. Dist. LEXIS 199134 (D. Mont., Oct. 14, 2022)
sentencing, probation officer, presentence report, recommendations, unresolved, supporting documents, sentencing issues, probation office, memorandum, disclose, disputes, parties