Opinion
No. CR-10-0363 SBA
03-29-2013
UNITED STATES OF AMERICA, Plaintiff, v. WAYNE CARTER, Defendant.
MELINDA HAAG United States Attorney CHRISTINA McCALL Assistant United States Attorney NED SMOCK Attorney for Wayne Carter
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
CHRISTINA M. McCALL (CABN 234139)
Assistant United States Attorney
1301 Clay Street, Suite 340S
Oakland, CA 94612
Telephone: (510) 637-3680
Fax: (510) 637-3724
E-Mail: christina.mccall@usdoj.gov
Attorneys for Plaintiff
STIPULATION AND ORDER TO
RELEASE PRESENTENCE REPORT TO
THE PARTIES
INTRODUCTION
Wayne Carter (Defendant) has filed a new motion for early termination of his supervised release. Because his conviction took place in the Middle District of Tennessee, attorneys for the United States and Defendant in this district do not have copies of the Presentence Report. The policy of the United States Probation Office in this district is to only release copies of Presentence Reports pursuant to Court orders. Usually, the magistrate judges order release of Presentence Reports when a defendant makes an initial appearance on a petition to revoke Supervised Release. However, there has not been a petition to revoke in this case, so no judge has ordered the release of the Presentence Report. The assigned United States Probation Officer has a copy of the report, which he is willing to provide, once the Court orders it. In light of this information, the parties hereby request and stipulate that the Presentence Report should be released to assist in the determination of the motion for early termination.
Respectfully submitted,
MELINDA HAAG
United States Attorney
____________________________
CHRISTINA McCALL
Assistant United States Attorney
____________________________
NED SMOCK
Attorney for Wayne Carter
ORDER
Based on the reason provided in the stipulation of the parties above, the Court hereby ORDERS THAT the United States Probation Office provide a copy of Defendant's Presentence Report to attorneys for the United States and for Mr. Carter.
IT IS SO ORDERED.
____________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge