USA v. Lopez Cazares, et al.

District of Nebraska, ned-8:2005-cr-00162-34798

TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Ruben Lopez Cazares. Ordered by Judge Laurie Smith Camp.

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8:05-cr-00162-LSC-TDT Doc # 307 Filed: 05/29/07 Page 1 of 2 - Page ID # 2215 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,) CASE NO. 8:05CR162) Plaintiff,)) vs.) TENTATIVE FINDINGS) RUBEN LOPEZ-CAZARES,)) Defendant.) The Court has received the Presentence Investigation Report ("PSR") and the Defendant's objections thereto (Filing No. 301). See Order on Sentencing Schedule, ¶ 6. The Court advises the parties that these Tentative Findings are issued with the understanding that, pursuant to United States v. Booker, 543 U.S. 220 (2005), the sentencing guidelines are advisory. The Defendant objects to ¶¶ 28 (drug quantity) and 31 (role). The objections will be heard at sentencing. The government bears the burden of proof by a preponderance of the evidence with respect to both issues. IT IS ORDERED: 1. The Defendant's Objections to the Presentence Investigation Report (Filing No. 301) will be heard at sentencing; 2. Otherwise the Court's tentative findings are that the Presentence Investigation Report is correct in all respects; 3. If any party wishes to challenge these tentative findings, the party shall immediately file in the court file and serve upon opposing counsel and the Court a motion challenging these tentative findings, supported by (a) such evidentiary materials as are 8:05-cr-00162-LSC-TDT Doc # 307 Filed: 05/29/07 Page 2 of 2 - Page ID # 2216 required (giving due regard to the requirements of the local rules of practice respecting the submission of evidentiary materials), (b) a brief as to the law, and (c) if an evidentiary hearing is requested, a statement describing why an evidentiary hearing is necessary and an estimated length of time for the hearing; 4. Absent submission of the information required by paragraph 3 of this Order, my tentative findings may become final; and 5. Unless otherwise ordered, any motion challenging these tentative findings shall be resolved at sentencing. DATED this 29th day of May, 2007. BY THE COURT: s/Laurie Smith Camp United States District Judge 2