United States v. Williams

ORDER

WARRINER, District Judge.

Defendant Thomas K. Williams has moved the Court pursuant to Fed.R.Crim.P. 32(c)(3)(D) for a finding as to allegations of factual inaccuracies “in the presentence investigation report or the summary of the report or part thereof.”

I believe subsection (D) is intended to require findings from the bench prior to sentencing. Subsection (ii) thereof clearly indicates that contentions with respect to inaccuracies in the presentence report are to be dealt with and disposed of before the Court imposes sentence. This requirement serves the double purpose of requiring the…