Court filing
Second Notice of Motion and Motion to Continue Sentencing Hearing — USA v. Ayvazyan et al. (Dkt. 997, C.D. Cal.)
Filed September 27, 2021 in USA v. Ayvazyan et al.; one of 233 filings from this case.
Record facts
| Court | U.S. District Court for the Central District of California |
|---|---|
| Filed | 2021-09-27 |
U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 997 · 2021-09-27 · Docket on CourtListener
Full text
MOTION TO CONTINUE SENTENCING 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Thomas A. Mesereau Jr., Mesereau Law Group P.C. 10100 Santa Monica Blvd. Suite 300 Los Angeles, CA 90067 310-651-9960 mesereau@mesereaulaw.com Jennifer J. Wirsching Attorney at Law 1935 Alpha Rd, Suite 216 Glendale, CA 91208 424-902-9280 wirschinglaw@outlook.com Counsel for Artur Ayvazyan UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. ARTUR AYVAZYAN Defendant. Case No. 20CR-00579-SVW DEFENDANT ARTUR AYVAZYAN’S MOTION TO CONTINUE SENTENCING FROM OCTOBER 18, 2021 TO NOVEMBER 15, 2021 MOTION TO CONTINUE SENTENCING Artur Ayvazyan, by and through counsel, Jennifer J. Wirsching and Thomas A. Mesereau Jr., move the Court to continue the date of sentencing for Artur Ayvazyan from October 18, 2021 to November 15, 2021. November 15, 2021 is the sentencing date for Richard Ayvazyan and Marietta Terebelian. Case 2:20-cr-00579-SVW Document 997 Filed 09/27/21 Page 1 of 4 Page ID #:16792 MOTION TO CONTINUE SENTENCING 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Should the Court not grant a continuance to November 15, 2021, the Defendant asks the Court to continue the sentencing from October 18, 2021, to November 1, 2021. The Pre-Sentence Report (“PSR”) in this matter was disclosed to counsel on September 22, 2021 for the currently set sentencing date of October 18, 2021. This approximately three-week notice fails to comply with the minimum notice requirement of 35 days prior to sentencing as set out in Federal Rule of Criminal Procedure 32. The Government has advised that they do not oppose a continuance to November 1, 2021 (the minimum amount of time for review of the PSR,) but they do oppose a continuance to November 15, 2021. I. Counsel Requires More Than the Minimum Time to Review the PSR “Minimum Required Notice. The probation officer must give the presentence report to the defendant, the defendant's attorney, and an attorney for the government at least 35 days before sentencing unless the defendant waives this minimum period.” Fed. R. Pr. 32 (e)(2) (Emphasis Added) As the Court is well aware, this is a certified complex case with multiple defendants, complicated alleged connections between defendants, and even more complicated sources of loss amounts. In order to provide effective assistance of Case 2:20-cr-00579-SVW Document 997 Filed 09/27/21 Page 2 of 4 Page ID #:16793 MOTION TO CONTINUE SENTENCING 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 counsel, the defense requires more than the minimum time frame with access to the PSR to prepare for sentencing. II. Equality Requires That Artur Ayvazyan be Provided Preparation Time Similar to Other Defendants Defendant Richard Ayvazyan’s counsel filed objections to his PSR on September 22, 2021. DKT. 990. Given that objections are due within 14 days of disclosure of the PSR, Richard Ayvazyan’s counsel may have received his PSR as early as September 8, 2021. With a sentencing date of November 15, 2021, Richard Ayvazyan’s counsel will have over nine (9) weeks with the PSR to prepare for sentencing. Defendant Edvard Paronyan’s counsel received his PSR on July 26, 2021. Gov. Sentencing Memorandum DKT 975. His sentencing was set for September 27, 2021. Mr. Paronyan’s counsel had nine (9) weeks with the PSR to prepare for his sentencing. Defendant Artur Ayvazyan is asking for approximately seven (7) weeks with his PSR to prepare for his sentencing hearing – less than the time allowed to both Richard Ayvazyan and Edvard Paronyan. Case 2:20-cr-00579-SVW Document 997 Filed 09/27/21 Page 3 of 4 Page ID #:16794 MOTION TO CONTINUE SENTENCING 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For these reasons, Defendant Artur Ayvazyan moves the Court to continue his sentencing hearing to November 15, 2021. Dated: September 27, 2021 Respectfully submitted, /s/ Jennifer J. Wirsching Jennifer J. Wirsching Attorney at Law 1935 Alpha Rd, Suite 216 Glendale, CA 91208 424-902-9280 wirschinglaw@outlook.com Thomas A. Mesereau Jr., Mesereau Law Group P.C. 10100 Santa Monica Blvd. Suite 300 Los Angeles, CA 90067 310-651-9960 mesereau@mesereaulaw.com Counsel for Artur Ayvazyan Case 2:20-cr-00579-SVW Document 997 Filed 09/27/21 Page 4 of 4 Page ID #:16795
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