Ex Parte Application to Stay Marietta Terabelian’s Sentencing (No. 2:20-cr-00579, C.D. Cal.)

Summary

Ex Parte Application to Stay Marietta Terabelian's Sentencing and Response to the Presentence Investigation Report, Document 955, filed September 9, 2021, in Case No. 2:20-cr-00579-SVW, before Hon. Stephen V. Wilson. Counsel asks to stay the October 4, 2021, sentencing until four weeks after Terabelian is located and to suspend and toll the September 13, 2021, deadline for objections to the presentence investigation report until two weeks after she is located. The attached declaration of Ryan V. Fraser states that counsel has applied to withdraw and that the government's search for Terabelian is active and ongoing. A proposed order is filed concurrently, and the signature line reads /s/ Ryan V. Fraser.

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“Ex Parte Application to Stay Marietta Terabelian’s Sentencing (No. 2:20-cr-00579, C.D. Cal.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-c-d-cal-no-2-20-cr-00579-dkt-955-c-d-cal-31969fd2dc/, SHA-256 f71629760bb518c64ab9cefd1575c91bf3288ed0f805bc6347a0364f4dbadf20.

Full text

Case 2:20-cr-00579-SVW Document 955 Filed 09/09/21 Page 1 of 4 Page ID #:16323

1 John L. Littrell (SBN 221601)
jlittrell@bklwlaw.com
2 Ryan V. Fraser (SBN 272196)
3 rfraser@bklwlaw.com
BIENERT KATZMAN LITTRELL WILLIAMS LLP
4 601 W. 5th Street, Suite 720
Los Angeles, CA 90071
5 Telephone: (213) 528-3400
6 Facsimile: (949) 369-3701
Attorneys for Defendant MARIETTA TERABELIAN
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11 UNITED STATES DISTRICT COURT

12 CENTRAL DISTRICT OF CALIFORNIA

13 Case No. 2:20-cr-00579-SVW
14 UNITED STATES OF AMERICA,
EX PARTE APPLICATION TO STAY
15 Plaintiff, MARIETTA TERABELIAN’S
16 SENTENCING AND RESPONSE TO
v. THE PRESENTENCE
17 INVESTIGATION REPORT
18 RICHARD AYVAZYAN,
MARIETTA TERABELIAN, [Proposed Order Filed Concurrently]
19 et al.,
20 Hon. Stephen V. Wilson
Defendants.
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EX PARTE APPLICATION TO STAY SENTENCING AND RESPONSE TO
PRESENTENCE INVESTIGATION REPORT
Case 2:20-cr-00579-SVW Document 955 Filed 09/09/21 Page 2 of 4 Page ID #:16324

1 Undersigned counsel hereby applies ex parte to stay Marietta Terabelian’s
2 October 4, 2021, sentencing until four weeks after she is located, and to suspend and
3 toll the present September 13, 2021, deadline for objections to the presentence
4 investigation report (“PSR”) until two weeks after she is located. This application is
5 based on the attached declaration of Ryan Fraser and the declaration of Ashwin J. Ram
6 submitted in support of the similar ex parte application for similar relief as to Richard
7 Ayvazyan, which was filed today as CM/ECF document number 954.
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9 Dated: September 9, 2021 Respectfully submitted,
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BIENERT KATZMAN
11 LITTRELL WILLIAMS LLP
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/s/ Ryan V. Fraser
13 John L. Littrell
14 Ryan V. Fraser
Counsel for Defendant Marietta Terabelian
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EX PARTE APPLICATION TO STAY SENTENCING AND RESPONSE TO
PRESENTENCE INVESTIGATION REPORT
Case 2:20-cr-00579-SVW Document 955 Filed 09/09/21 Page 3 of 4 Page ID #:16325

1 DECLARATION OF COUNSEL
2 I, Ryan V. Fraser, do declare and state:
3 1. I am licensed to practice in the State of California, and admitted to practice
4 before this Court.
5 2. John L. Littrell and I currently represent Marietta Terabelian in this matter.
6 Mr. Littrell and I have filed an application to withdraw from our representation of
7 Ms. Terabelian. (Dkt. 942.)
8 3. On August 31, 2021, the government applied for a disclosure order seeking
9 information from Probation to assist in searching for Ms. Terabelian and Richard
10 Ayvazyan, who, to my knowledge, still have not been located. Undersigned counsel
11 understands that the government’s search for Richard Ayvazyan and Ms. Terabelian is
12 active and ongoing.
13 4. I have reviewed and discussed with Mr. Littrell the ex parte application
14 filed earlier today seeking to continue Richard Ayvazyan’s sentencing hearing and PSR
15 response deadline. We believe Ms. Terabelian’s similar circumstances call for granting
16 the same relief in her case.
17 5. In light of the government’s ongoing search for Ms. Terabelian, judicial
18 resources will be conserved if her sentencing is stayed until she can be located.
19 6. Additionally, the deadline to object to the PSR, which is presently
20 September 13, 2021, should also be suspended and tolled until a reasonable time after
21 Ms. Terabelian is located. As noted in motion to withdraw from this representation,
22 present counsel is unable to communicate with her and thus unable to respond
23 adequately and effectively to the PSR. The Sixth Amendment, due process, and
24 fairness require that Terabelian’s counsel have the opportunity to review the PSR with
25 her and respond consistently with her desired sentencing approach.
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EX PARTE APPLICATION TO STAY SENTENCING AND RESPONSE TO
PRESENTENCE INVESTIGATION REPORT
Case 2:20-cr-00579-SVW Document 955 Filed 09/09/21 Page 4 of 4 Page ID #:16326

1 CONCLUSION
2 For the foregoing reasons, the Court should stay Ms. Terabelian’s sentencing
3 from its present October 4, 2021, date until four weeks after she is located, and suspend
4 and toll the present September 13, 2021, deadline for filing her objections to the PSR
5 until two weeks after Ms. Terabelian is located.
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7 Dated: September 9, 2021 Respectfully submitted,
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BIENERT KATZMAN
9 LITTRELL WILLIAMS LLP
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/s/ Ryan V. Fraser
11 John L. Littrell
Ryan V. Fraser
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Counsel for Defendant Marietta Terabelian
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EX PARTE APPLICATION TO STAY SENTENCING AND RESPONSE TO
PRESENTENCE INVESTIGATION REPORT

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