Common use of Imposition of Sentence Clause in Contracts

Imposition of Sentence. Before imposing sentence, the court must: (A) verify that the defendant and defend- ant’s counsel have read and discussed the presentence report made available under subdivision (b)(6)(A). If the court has re- ceived information excluded from the pre- sentence report under subdivision (b)(5) the court—in lieu of making that information available—must summarize it in writing, if the information will be relied on in deter- mining sentence. The court must also give the defendant and the defendant’s counsel a reasonable opportunity to comment on that information; (B) ▇▇▇▇▇▇ defendant’s counsel an oppor- tunity to speak on behalf of the defendant; (C) address the defendant personally and determine whether the defendant wishes to make a statement and to present any infor- mation in mitigation of the sentence; (D) afford the attorney for the Government an opportunity equivalent to that of the de- fendant’s counsel to speak to the court; and

Imposition of Sentence. Before imposing sentence, the court must: (A) verify that the defendant and defend- ant’s counsel have read and discussed the presentence report made available under subdivision (b)(6)(A). If the court has re- ceived information excluded from the pre- sentence report under subdivision (b)(5) the court—in lieu of making that information available—must summarize it in writing, if the information will be relied on in deter- mining sentence. The court must also give the defendant and the defendant’s counsel a reasonable opportunity to comment on that information; (B) ▇▇▇▇▇▇ defendant’s counsel an oppor- tunity to speak on behalf of the defendant; (C) address the defendant personally and determine whether the defendant wishes to make a statement and to present any infor- mation in mitigation of the sentence; (D) afford the attorney for the Government an opportunity equivalent to that of the de- fendant’s counsel to speak to the court; and (E) if sentence is to be imposed for a crime of violence or sexual abuse, address the ▇▇▇- ▇▇▇ personally if the victim is present at the sentencing hearing and determine if the ▇▇▇- ▇▇▇ wishes to make a statement or present any information in relation to the sentence.