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U.S. v. Henley

United States District Court, D. Nebraska
Jul 24, 2007
4:06CR3158 (D. Neb. Jul. 24, 2007)

Opinion

4:06CR3158.

July 24, 2007


ORDER


I have read defendant's downward departure and variance motion (filing 48) and the request for a one hour evidentiary hearing. I have also read her brief. (Filing 49.)

Given that the defendant is charged with being a felon in possession of a weapon and given that she has been convicted of manslaughter (by stabbing) and several other violent assaults (PSR ¶¶ 40, 44, 50, 51, and 53), I doubt whether a departure or variance is appropriate. This is so even if I assume that everything in the defendant's brief is true. That said, I will hear the defendant out, but I do not need an hour to do so. As a result,

IT IS ORDERED that the motion for departure or variance (filing 48) will be resolved at the previously scheduled one-half hour sentencing hearing. Counsel for the defendant is encouraged to present Dr. Scalora's view by affidavit or report.


Summaries of

U.S. v. Henley

United States District Court, D. Nebraska
Jul 24, 2007
4:06CR3158 (D. Neb. Jul. 24, 2007)
Case details for

U.S. v. Henley

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. LISA DENISE HENLEY, Defendant

Court:United States District Court, D. Nebraska

Date published: Jul 24, 2007

Citations

4:06CR3158 (D. Neb. Jul. 24, 2007)