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United States v. Clausen

United States District Court, D. Minnesota

November 29, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
1 CARSTIE LEE CLAUSEN, Defendant.

          Clifford B. Wardlaw, Assistant United States Attorney, Counsel for Plaintiff.

          Shannon R. Elkins, Office of the Federal Defender, Counsel for Defendant.

          MEMORANDUM OF LAW & ORDER

          Michael J. Davis United States District Court

         I. INTRODUCTION

         This matter is before the Court regarding the sentencing of Defendant Carstie Lee Clausen. An evidentiary hearing was held on June 26, 2017. Both parties have raised objections to the sentencing guidelines suggested by the Probation Office. A sentencing hearing is scheduled for November 29, 2017. The Court issues the following Memorandum of Law and Order in advance of the sentencing.

         II. BACKGROUND

         On June 20, 2017, Defendant Carstie Lee Clausen pled guilty to Count 1 of the Indictment, Assault of a Federal Agent, in violation of 18 U.S.C. §§ 111(a), (b), and Count 2 of the Indictment, Damaging an Aircraft in the Special Aircraft Jurisdiction of the United States, in violation of 18 U.S.C. § 32(a)(1). On June 26, 2017, the Court held an evidentiary hearing regarding the application of the Sentencing Guidelines official victim enhancement. On September 28, 2017, the Probation Office issued a presentence investigation (PSI).

         III. GUIDELINES CALCULATIONS

         A. PSI Calculations

         The PSI recommended the following Guidelines calculation:

Total Offense Level: 32
Criminal History Category: I
Imprisonment Range: 121 to 151 ...

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