Free RPS.pdf - Iowa

120994uM

[INSTRUCTIONS: This form is to be used in Judge McManus' probation and supervised release revocation cases and is to be served by the United States on defendant, together with the Petition to Revoke. Thereafter, the parties shall meet and complete this form at the U.S. Attorney's office. The form shall not contain argument. Within ten days (see FRCrP 45) of service, the U.S. Attorney shall file the original completed form with the Clerk.]

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA ____________ DIVISION UNITED STATES, Plaintiff, vs. ________________________, Defendant. ) ) ) ) ) ) ) )

NO. ____________ REVOCATION PRESENTENCE SUBMISSION (RPS)

To expedite revocation hearing, it is SUBMITTED TO THE COURT I. STIPULATION The parties agree that: Defendant and his counsel have read and discussed the Petition to Revoke and make all factual and legal objections as follows: 1. 2. 3. All factual matters in the Petition are true except: (1,2,etc.) (state disputed facts, factual contentions, if any, and legal authority (citations only)). In the event of revocation, the Sentencing Guidelines Computation is as follows: (1,2, etc., factual contentions and legal authority (citations only)); except (if any). No departure motion will be entertained by the court at sentencing except: Any party seeking a departure for any reason, including those noted in the RPS, shall set forth the grounds and legal authority therefor, which shall provide notice required by FRCrP 32(c)(1). Burns v. U.S., 111 S.Ct. 2182 (1991).

II.

EXHIBITS

The parties agree that the following exhibits shall be considered in evidence at the revocation hearing without further offer, proof or objection, except as noted: 1. Plaintiff's Exhibits (numbered 1, 2, 3, etc. and describing each): 2. Defendant's Exhibits (numbered A, B, C, etc. and describing each): III. WITNESSES 1. Plaintiff's Witnesses: (List names, addresses and substance of testimony.) 2. Defendant's Witnesses: (List names, addresses and substance of testimony.) Date ________________________

__________________________________ Defendant's Counsel __________________________________ Defendant

_______________________________ Plaintiff's Counsel