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Filed 01/25/10 Page 1 of 2
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No. 08-364 (RHK/AJB) UNITED STATES OF AMERICA, Plaintiff, v. (1) THOMAS JOSEPH PETTERS, Defendant. ) ) ) ) ) ) ) ) )
MOTION TO DEFER RESTITUTION UNTIL FOLLOWING SENTENCING
The United States Attorney’s Office for the District of Minnesota, by and through B. Todd Jones, United States Attorney, and Joseph T. Dixon III, Assistant United States Attorney, hereby files the following Motion To Defer Restitution Until Following Sentencing. The defendant was convicted by a jury on December 2, 2009. The preparation of a Presentence Report is underway. Pursuant to the Mandatory Victims Restitution Act, as part of the criminal sentence, the defendant must be ordered to make restitution to those persons who have been “directly and
proximately harmed” by the offense.
18 U.S.C. § 3663A.
Given the complexity, duration, and scope of the offense, the identification of all victims and their respective losses is not readily ascertainable. The Untied States Attorney’s Office and the United States Probation Office is currently working to do so. Pursuant to 18 U.S.C § 3664(d)(5), the United States
Attorney’s Office requests that the determination of restitution, including the identification of victims and losses, be delayed for
Case 0:08-cr-00364-RHK-AJB Document 370
Filed 01/25/10 Page 2 of 2
a period not to exceed 90 days following the sentencing in this case. In this way, the government will have additional time to
identify victims and ascertain with specificity the amount of loss that is compensable under the Mandatory Victims Restitution Act. Deferring sentencing the issue of to restitution go forward will thereby allow the
Furthermore, deferring the issue of restitution will also narrow the issues before the Court at the sentencing hearing and allow for a separate and more efficient restitution hearing at a later date. Accordingly, the government respectfully requests that the Court defer the issue of restitution for a period not to exceed 90 days following the sentencing in this case. At such time as the
Court notices a date for the sentencing hearing, the government requests that a restitution hearing be scheduled 60-90 days
following the sentencing hearing.
Date: January 25, 2010
Respectfully submitted, B. TODD JONES United States Attorney s/ Joseph T. Dixon, III BY: JOSEPH T. DIXON, III Assistant U.S. Attorney Attorney ID No. 0283903 United States Attorneys Office 600 U.S. Courthouse 300 South Fourth Street Minneapolis, MN 55415