United States v. Turner
Docket: Crim. No. 93-10-N
Court: District Court, E.D. Virginia; April 1, 1993; Federal District Court
Defendant Wilbert Kit-son Andrew Turner pleaded guilty to a violation of 8 U.S.C. § 1326(a) on March 4, 1993. Following his plea, Turner expressed a desire to waive the preparation of a presentence report and to be sentenced immediately. The court sought briefs from both Turner’s counsel and the United States regarding the waiver of the presentence report preparation. The court concluded that Turner cannot waive this requirement. The memorandum emphasizes the importance of the presentence report in the sentencing process, as it provides the factual basis for the judge's sentencing decision. Legislative changes to Federal Rule of Criminal Procedure 32(c) now restrict waivers unless the district judge documents on the record that sufficient information is available from other sources. Turner acknowledged that the guidelines do not allow for a waiver but argued that existing records, including a prior bond hearing report, a summary of his criminal history, and facts from his plea agreement, should suffice for sentencing. However, the United States contended that the court lacked sufficient information to exercise its sentencing authority meaningfully. The court agreed, noting the absence of Turner’s complete criminal history, details on his immigration status, and financial information relevant to potential fines. Given the short period before the scheduled sentencing on May 11, 1993, the court determined that it serves the interest of justice to delay sentencing until after reviewing the presentence report. Consequently, Turner’s motion to waive the report preparation was denied.