USA v. Marasco et al

District of Nebraska, ned-8:2005-cr-00381-36063

TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report as to Defendant Richard D. Marasco. Ordered by Judge Laurie Smith Camp.

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8:05-cr-00381-LSC-SMB Doc # 110 Filed: 09/12/07 Page 1 of 2 - Page ID # 506 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,) CASE NO. 8:05CR381) Plaintiff,)) vs.) TENTATIVE FINDINGS) RICHARD D. MARASCO,)) Defendant.) The Court has received the Revised Presentence Investigation Report ("PSR") and the Defendant's objections thereto (Filing No. 102). 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 the quantity of controlled substance attributable to the Defendant in ¶¶ 20-24 and 32 and the base offense level 32. The plea agreement reached pursuant to Federal Rule of Criminal Procedure 11(c)(1)(B) recommends a base offense level of 30 based on a drug quantity of at least 350 but less than 500 grams of a mixture or substance containing a detectable amount of methamphetamine. The Court's tentative findings are that, absent unusual circumstances, the plea agreement should be upheld and the base offense level should be calculated as level 30. The Defendant has also filed a motion for downward departure, departure and variance and a supporting brief (Filing Nos. 103, 104). The Defendant argues: a downward departure pursuant to U.S.S.G. § 5K2.0 is appropriate based on extraordinary post-offense rehabilitation; his criminal history is overstated and a downward departure is appropriate under U.S.S.G. § 4A1.3(b)(1); and a variance is appropriate pursuant to 18 U.S.C. § 8:05-cr-00381-LSC-SMB Doc # 110 Filed: 09/12/07 Page 2 of 2 - Page ID # 507 3553(a) for the foregoing reasons. The Defendant requests a sentence of 60 months imprisonment. The Defendant's motion will be addressed at sentencing. IT IS ORDERED: 1. The Court's tentative findings are that the Defendant's objections (Filing No. 102) to the PSR are granted; 2. The parties are notified that my tentative findings are that the PSR is correct in all other respects; 3. If any party wishes to challenge these tentative findings, the party shall file, as soon as possible but in any event before sentencing, and serve upon opposing counsel and the court a motion challenging these tentative findings, supported by (a) such evidentiary materials as are 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; 5. Unless otherwise ordered, any motion challenging these tentative findings shall be resolved at sentencing; and 6. The Defendant's motion for downward departure, deviation or variance (Filing No. 103) will be heard at sentencing. DATED this 12th day of September, 2007. BY THE COURT: s/Laurie Smith Camp United States District Judge 2