U.S. v. Richardson

Full title: UNITED STATES OF AMERICA, Plaintiff, v. CURTIS RICHARDSON, Defendant

Court: United States District Court, D. Nebraska

Date published: Mar 9, 2007

CASE NO. 8:06CR125 (D. Neb. Mar. 9, 2007)

Opinion

CASE NO. 8:06CR125.

March 9, 2007

ORDER

LAURIE CAMP, District Judge

This matter is before the Court on the following: the Defendant's motion challenging the Court's tentative findings (Filing No. 49) and the supporting brief (Filing No. 50) and exhibits (Filing No. 52); and the Defendant's motion to continue the sentencing hearing (Filing No. 53).

Challenge to Tentative Findings

The Defendant objects to the predicate offenses set out in ¶¶ 38 and 39 that allegedly qualify him for career offender status pursuant to U.S.S.G. § 4B1.1. The objection will be heard at the previously scheduled sentencing hearing on March 12, 2007. The government bears the burden of proof by a preponderance of the evidence.

Motion to Continue Sentencing

The Defendant's motion to continue sentencing is denied.

IT IS ORDERED:

1. The Defendant's objections to the Court's tentative findings (Filing No. 49) will be heard at the sentencing hearing scheduled for March 12, 2007; and

2. The Defendant's motion to continue the sentencing hearing (Filing No. 53) is denied.