IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO
April 13, 2011
UNITED STATES OF AMERICA PLAINTIFF,
MARTY LISH, DEFENDANT.
The opinion of the court was delivered by: B. Lynn Winmill Chief Judge United States District Court
Defense counsel filed a Sentencing Memorandum on April 11, 2011, more than a month late. The Sentencing Memorandum is deficient for a number of reasons, including the following:
(1) It fails to identify and specifically address the paragraphs of the Presentence Report to which it objects; (2) It seeks a downward departure under Koon rather than a variance under Booker and 18 U.S.C. § 3553; and (3) it completely ignores the critical issue of career offender.
To allow defense counsel time to file a proper Sentencing Memorandum, and give proper notice to the United States Attorney and Probation Office regarding any objections and plans to present witnesses and evidence at sentencing, the Court will continue the sentencing.
NOW THEREFORE IT IS HEREBY ORDERED, that the sentencing be continued to May 26, 2011, at 8:30 a.m. in the Federal Courthouse in Pocatello, Idaho.
IT IS FURTHER ORDERED, that the defendant shall file his amended Sentencing Memorandum, curing the deficiencies listed above, on or before April 25, 2011.
IT IS FURTHER ORDERED, that the defendant shall notify the Assistant United States Attorney assigned to this case and the Clerk Jamie Gearhart (208-334-9021) of any plans to put on evidence at the sentencing hearing on or before April 25, 2011.
IT IS FURTHER ORDERED, that the Probation Office and the U.S. Attorney file any response on or before May 13, 2011.
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