Opinion
Criminal Action No. 99-cr-00300-DBS.
April 14, 2008
ORDER
THIS MATTER comes before the Court upon the filing of the Motion for Retroactive Application of Sentencing Guidelines to Crack Cocaine Offense pursuant to 18 U.S.C. 3582(c)(2) (Motion) (#1030). Having reviewed the Motion,
IT IS ORDERED that pursuant to the Criminal Justice Act, 18 U.S.C. § 3006A, Arthur S. Nieto shall be re-appointed to represent Defendant. CJA counsel shall have up to and including April 28, 2008, in which to adopt, supplement or withdraw Defendant's Motion. The Government shall have up to and including May 8, 2008, in which to respond. It is
FURTHER ORDERED that the Probation office shall have 20 days thereafter to prepare and serve (per Rule 32) a supplemental presentence report in conformance with 28 U.S.C. § 3553(a), 28 U.S.C. § 3582(c)(2) and § 1.B1.10 of the FEDERAL SENTENCING GUIDELINES. In addition to such required information, the report shall state where the Defendant is incarcerated, and whether that institution has video-conferencing capabilities. It is
FURTHER ORDERED that the Defendant and the United States Attorney shall respond to the supplemental presentence report on or before June 9, 2008.