USA v. Red Elk

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CENTRAL DIVISION
UNITED STATES OF AMERICA, 3:22-CR-300I0-RAL
3:I9-CR-30113-RAL
Plaintiff,
vs. SENTENCING
SCHEDULING ORDER
TIMOTHY RED ELK,
Defendant.
Defendant Timothy Red Elk appeared before Magistrate Judge Mark Moreno for a
change of plea hearing on May 19, 2022. Judge Moreno issued a Report and Recommendation
recommending that the Court accept Defendant's plea of guilty to Count I as alleged in the
Indictment in 3;22-CR-30010-RAL, and has admitted the allegations in Paragraphs 2 & 3 of the
Petition to Revoke Supervised Release, Doc. 44, in 3:I9-CR-30I I3-RAL For good cause, it is
hereby
ORDERED that this Court adopts the Report and Recommendation, Doc. 28 in 3:22-CR-
30010-RAL, Doc. 44 in 3:19-CR-30I I3-RAL, the plea of guilty is accepted, and Defendant is
adjudged guilty of Count 1 as alleged in the Indictment in 3:22-CR-30010-RAL, and accepts the
admissions to the allegations in Paragraphs 2 & 3 of the Petition to Revoke Supervised Release,
Doc. 44, in 3:I9-CR-30113-RAL It is further
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ORDERED that a combined modified presentence report be prepared and the draft shall
be filed by the Probation Office in CM/ECF using the Draft Presentence Report event by July
25,2022. It is further
ORDERED that any objection to the presentence report and notice of intent to seek a
departure by either the Government or the Defendant shall be filed by counsel in CM/ECF using
the Objections to Presentence Report event by August 1, 2022. If counsel has no objections to
the presentence report, counsel should indicate sueh by using the Notice of No Objections to
Presentence Report event. It is further
ORDERED that all letters of support shall be filed by counsel in CM/ECF using the
Sealed Letter(s) of Support event by August 8, 2022. All letters of support shall be legibly
scanned as one document and not scanned as separate documents. It is further
ORDERED that the final presentence report shall be filed by the Probation Office in
CM/ECF using the Final Presentence Report event by August 8, 2022. An addendum setting
forth any unresolved objections, the grounds for those objections, and the probation officer's
comments on those objections shall also be filed in CM/ECF using the Addendum to Final
Presentence Report event. It is further
ORDERED that any Sentencing Memorandum and Motion for Departure or Variance
shall be filed in CM/ECF by August 15, 2022. It is further
ORDERED that the sentencing hearing and any necessary evidentiary hearing regarding
sentencing shall be held on Monday, August 22, 2022 at 9 a.m., in the Courtroom of the U.S.
Courthouse in Pierre South Dakota.
DATED this 20th day of May, 2022.
BY THE COURT:
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ROBERTO A. LANGE
CHIEF JUDGE
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