Case 0:07-cr-60209-WPD Document 40 Entered on FLSD Docket 11/07/2007 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 07-60209-CR-DIMITROULEAS/SELTZER UNITED STATES OF AMERICA vs. KENNETH C. JENNE, Defendant. UNITED STATES' UNOPPOSED OBJECTIONS TO THE PRESENTENCE INVESTIGATION REPORT The United States, by and through the undersigned Assistant United States Attorneys, hereby files its objections to the revised Presentence Investigation Report ("PSI") dated October 30, 2007. Contrary to the parties' jointly stipulated recommendation and the prevailing case law, the PSI incorrectly groups all four counts of conviction into a single group. As a result, the PSI miscalculates the defendant's advisory sentencing range as being12 to 18 months. The United States hereby asks this Court to apply the grouping rules in the manner contemplated by the parties' plea agreement and, thereby, to arrive at the proper advisory sentencing range of 18 to 24 months. Jenne's defense attorney, J. David Bogenschutz, has advised the undersigned Assistant United States Attorneys that he has no objection to this request. BACKGROUND On September 5. 2007, the defendant, Kenneth C. Jenne, pled guilty to one count of conspiracy to commit mail fraud and three counts of filing a false tax return. The parties entered into a written plea agreement containing a joint recommendation as to how the parties believe the Court should apply the Sentencing Guidelines to the defendant. See Plea Agreement at ¶ 7. EFTA00731335