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15-111 - USA v. Gerding

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15-111 - USA v. Gerding
October 9, 2015
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MEMORANDUM AND ORDER TO CONTINUE - Ends of Justice as to Kevin Gerding: Time excluded from 10/8/2015 until 2/23/2016. Granting 12 MOTION to Continue filed by Kevin Gerding. Jury Trial reset fro0 10/27/2015 to 2/23/2016 9:00 AM in Courtroom 1A - Knoxville before District Judge R Leon Jordan. The new plea cutoff date is 1/27/2016. Signed by District Judge R Leon Jordan on 10/8/2015. (JDH)
January 24, 2018
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MEMORANDUM AND ORDER as to Kevin Gerding. The defendant's PSR objection 47 is SUSTAINED. The United States' PSR objection 43 is SUSTAINED IN PART. The 2015 Guidelines Manual will be used at the defendants resentencing hearing. The United States PSR objection 43 is OVERRULED IN PART. At resentencing, the court will consider Guideline Amendment 798 which the court finds to be a clarifying amendment. Applying Amendment 798, the defendant's prior aggravated burglary conviction is not a "crime of violence." His base offense level becomes 20, pursuant to U.S.S.G. ยง 2K2.1(a)(4)(A), because he has only one prior felony conviction of either a crime of violence or a controlled substance offense (sale of Schedule III controlled substance). The defendants total offense level is 21. His criminal history category remains VI, with 21 countable criminal history points. His advisory guideline range at resentencing is 77 to 96 months. Resentencing remains set for Wednesday, January 31, 2018, at 1:30 p.m. in Knoxville. Signed by District Judge R. Leon Jordan on 1/24/18. (ADA)