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THE COURT: That doesn't always happen.
So that motion will be granted.
There is a Rule 32 motion that's been filed by all of the defendants, although offered I gather by you, Mr. Webster, I will hear you on that or any other counsel that wants to be heard on matters that they controvert in the probation
MR. MOFFITT: Your Honor, if I may address the Court,
Dennis Small's presentence report was not ready until yesterday afternoon. I saw it yesterday at approximately 12:00 in the afternoon. I have over the evening prepared a Rule 32 motion that I would like to submit to the Court. I apologize but the report was not ready for not having it. I would like to just hand this up to the Court.
THE COURT: All right.
Mr. Webster, do you want to be heard on your Rule 32 motion?
MR. WEBSTER: Just briefly, Your Honor.
THE COURT: The motion attacks the $32 million figure, and I, subject to hearing from the Government, concede that I'm not sure that it's proper for the Court to consider anything other than the $294,000 that was the subject of the trial. With that preamble, I will hear you.
MR. WEBSTER: I would then leave our argument to the papers that we have submitted on that point, Your Honor. I