United States v. Shearer

SENTENCING MEMORANDUM

WILLIAM C. LEE, Chief Judge.

Presently before the court are Defendant, Kenneth Shearer’s (“Defendant” or “Shearer’s”) Objections to the Presentence Investigation Report (“PSR”). On April 10, 2003, this court heard evidence on the objections and ordered briefing on each objection. Defendant filed his initial brief on June 23, 2003 to which the Government responded on July 22, 2003. Defendant replied on August 6, 2003. For the following reasons, Defendant’s objections to the PSR will be DENIED. Defendant’s request for a downward departure will be GRANTED.

BACKGROUND

On July…