UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
April 9, 2013
UNITED STATES OF AMERICA, PLAINTIFF,
The opinion of the court was delivered by: Lucy H. Koh United States District Court Judge
APPLICATION TO CONTINUE SENTENCING DATE BANCROFT ND OFFICES CENTER, CALIFORNIA LAW EMBARCADERO & SIDEMAN FRANCISCO, ONE
The defendant is scheduled to be sentenced on April 24, 2013. The proposed presentence report ("PPSR") was required to be provided by the U.S. Probation Office to the parties 35 days 19 before the sentencing date or on or before March 20, 2013 pursuant to Crim L.R. 32-4 (a).
Instead, the Probation Office provided the PPSR to defendant's counsel on March 29, 2013 by fax 21 on 4:15 pm. The undersigned had already left the office for the weekend. Under Crim. L.R. 32-22 4(b) the defendant has two weeks or until April 12, 2013 to submit a written response to the PPSR.
We intend to object to many portions of the PPSR. The Probation Officer may then conduct a 24 meeting to discuss the objections. See Crim. L.R. 32-4(c).
The final sentence report is required to be lodged with the Court at least 14 days before the 26 date set for sentencing or in this case as now scheduled on April 10, 2013, which is two days 27 before the defendant's response to the PPSR is due . See Crim L.R. 32-5(a). The parties may 28 submit sentencing memoranda no later than 4 days after the final presentence report is lodged with the Court. Crim L.R. 32-5(b).
None of the above required dates can be accomplished with a sentencing date of April 25, 2013 as result of the failure of the Probation Officer to timely submit the PPSR to the parties.
Accordingly, we request that the sentencing date be continued to May 8, 2013 to allow the parties 5 to respond to the PPSR within the days as provided in L.R. 32-4(b), to then attempt to resolve 6 the objections, and to prepare and file sentencing memoranda.
Assistant United States Attorney Cynthia Stier has no objection to the sentencing date being continued two weeks to May 8, 2013.
Upon application of the defendant, the sentencing is continued to May 8, 2013.
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