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- cod;;1:16-cr-00301_de200 RegisterActionDate "2020-01-27" @default.
- cod;;1:16-cr-00301_de200 RegisterActionDescriptionText "ORDER as to 1E8C45D (2): This matter is before the Court on 198 Defendant 1E8C45D Motion to Continue Sentencing (the "Motion"). 1E8C45D seeks a continuance of the sentencing hearing set for this Thursday, January 30, 2020, "in order to adequately address the issues raised in the governments' Response and to protect Mr. 1E8C45D rights to a fair sentencing." Id. The current sentencing date of January 30, 2020 is the fourth setting for this hearing, and was set 111 days ago, on October 9, 2019. 1E8C45D counsel has therefore known for over 3 months that, pursuant to the undersigned Revised Practice Standards, any sentencing-related motions were to be filed no later than January 16, 2020, two weeks prior to the date of the sentencing hearing. Given the nature of the fraudulent scheme admitted to by this Defendant, defense counsel should well have anticipated that any motion for a variant sentence would be met in the form of substantial opposition by the Government. Instead of anticipating the resulting need to "adequately address the issues raised in the government's response", and therefore to file his variance motion well in advance of the January 16, 2020 deadline, counsel chose to file his variance motion on the last possible date. In addition, as the Government notes in its Response, many of the exhibits submitted therewith are documents this Defendant either authored or were already previously in his possession. Counsel's tactical decision to delay the filing of the Motion until the deadline for doing so has squarely put him and his client in the position they now find themselves. More importantly, this decision does not establish good cause for granting Defendant the relief he seeks in his Motion. As a consequence, the Motion is DENIED. SO ORDERED by Judge William J. Martinez on 1/27/2020. Text Only Entry (wjmsec, ) (Entered: 01/27/2020)" @default.
- cod;;1:16-cr-00301_de200 AdministrativeID "201" @default.
- cod;;1:16-cr-00301_de200 OntologyLabel order @default.
- cod;;1:16-cr-00301_de200 hasReferenceToOtherEntry cod;;1:16-cr-00301_de197 @default.