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Order — United States v. Tamir Pratt (Dkt. 17)

Summary

An Order filed April 6, 2023 as Document 17 in United States of America v. Tamir Pratt, Criminal Action No. 2:23-cr-00038, in the United States District Court for the Southern District of West Virginia, Charleston Division. Citing Gall v. United States, the court orders counsel for each party to file a sentencing memorandum by June 29, 2023. The order states that the defendant shall state specifically any objection to the use of alleged relevant conduct, and that the parties shall list witnesses with a brief proffer and include an estimate of the time required for the sentencing hearing. It states that the parties may request that the memorandum be filed under seal.

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Cite this document

“Order — United States v. Tamir Pratt (Dkt. 17).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-wvsd-236441-17-0-5bd6693a0a/, SHA-256 e84555faaefa65d195116ff1ca44bf67ed066ef5c735498f582c2140e5704202.

Full text

     Case 2:23-cr-00038       Document 17        Filed 04/06/23      Page 1 of 2 PageID #: 40




                     IN THE UNITED STATES DISTRICT COURT
                 FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

                                   CHARLESTON DIVISION


UNITED STATES OF AMERICA,



v.                                             CRIMINAL ACTION NO. 2:23-cr-00038

TAMIR PRATT


                                              ORDER

        Pursuant to the Supreme Court’s opinion in Gall v. United States, 552 U.S. 38 (2007),

this court must, after making the appropriate findings of fact, calculate the applicable guideline

range and then consider that range, the Sentencing Guidelines, and other relevant factors set forth

in 18 U.S.C. §3553(a), before imposing sentence. Accordingly, the court ORDERS counsel for

each party to file a sentencing memorandum in this matter by June 29, 2023.

        If relevant conduct is suggested by the presentence report as appropriate to be raised in the

calculation of the guideline sentence, then the defendant shall state specifically any objection to

the use of any alleged conduct, including any assertion that the conduct is not appropriate for

purposes of calculating the guideline sentencing range. Each party shall also discuss any other

18 U.S.C. § 3553(a) factors that they deem relevant to the court’s determination of an appropriate

sentence.

        The court will consider the failure of a defendant to object to any relevant conduct alleged

in the presentence report to be an admission of that conduct. If there are objections to relevant

conduct, the parties shall list the witnesses to be called to address the relevant conduct application

and include a brief proffer of each witness’ expected testimony. The memorandum of each party
   Case 2:23-cr-00038           Document 17      Filed 04/06/23      Page 2 of 2 PageID #: 41




shall also list any witness to be called for a purpose related to non-guideline sentencing factors and

include a brief proffer of the witness’ expected testimony.

       The memorandum should include an estimate of the time the party believes will be required

for the sentencing hearing. Additionally, each party may make an argument or offer other

evidence in the memorandum for a specific sentence in light of the Supreme Court’s opinion in

Gall v. United States, 552 U.S. 38 (2007). Each party shall also brief any issue of law to be argued

at the sentencing hearing. The parties may request that the memorandum be filed under seal if

information contained therein might compromise an ongoing investigation or expose any person

to an increased risk of harm.

       In addition to filing the sentencing memorandum with the court, counsel are DIRECTED

to provide a copy of the same to opposing counsel and to the probation officer.

       The court DIRECTS the Clerk to send a copy of this Order to the defendant and counsel,

the United States Attorney, the United States Probation Office, and the United States Marshal.

                                               ENTER: April 6, 2023

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