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06-782 - USA v. Wyatt


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06-782 - USA v. Wyatt
June 12, 2008
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ORDER as to Raheim Wyatt --- For all the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the court finds that the government breached the plea agreement by its disclosure and use of the Folk Nation information on the eve of sentencing. The court will disregard the Folk Nation information for sentencing, and strikes the Second and Third Addenda to the Presentence Report, which was based on said information. The court denies defendant's request to commit the court to a guidelines sentence within the 63-78 month range in advance of the sentencing proceeding. The court's Rule 32(h) notice remains in force. To date, the court has not determined what sentence it will impose on the defendant, but will consider, as it must, the advisory sentencing guidelines and any relevant upward or downward departures, as well as the factors listed in 18 U.S.C. ยง 3553(a). SO ORDERED by Judge Dora Lizette Irizarry on 06/12/08. (Irizarry, Dora)
August 13, 2008
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JUDGMENT as to Raheim Wyatt (1), Count(s) 1, IMPRISONMENT: 10 years (to run concurrent to deft's undischarged term of imprisonment in state court); Court recommends to B.O.P.: 1. Deft. should not receive credit for time already served on his state sentence; 2. Deft. should receive mental health trtmt.; 3. Designation to Otisville, or any other facility near EDNY, to facilitate family visits. SUPERVISED RELEASE: 3 years W/SPECIAL CONDITIONS: 1.Deft. participate in mental health trtmt. prgm. w/participation in trmt. for sex. disorders, approved by Probation; 2. Association w/child(ren) under 18 yrs. prohibited, w/out responsible adult present/and prior approval from Probation; 3.Deft notify Probation when he establishes signif. romantic relationship and shall inform party of prior history re sex offenses-contact. info., age, address, of party must be provided to Probation; 4.Search condition; 5. Deft. shall not possess a firearm, ammunition, or destructive device. SPECIAL ASSESSMENT: $100.00; No fine due to inability to pay. RESTITUTION: N/A. (So Ordered by Judge Dora Lizette Irizarry on 8/7/08). Distributed electronically. (Layne, Monique)