Order Setting Briefing Schedule for Motion for Compassionate Release — United States v. Smith (Dkt. 79)

Summary

Order setting a briefing schedule for a motion for compassionate release (ECF No. 78), filed April 21, 2023 as Document 79 in United States v. Christina Smith, No. 1:20-cr-00253-ADA-BAM-2, in the U.S. District Court for the Eastern District of California. It recites that Smith was sentenced on September 7, 2021, filed a pro se motion on July 19, 2022 and withdrew it on January 27, 2023, then filed another motion on April 18, 2023. It notes the August 26, 2022 appointment of Etan Zaitsu. Defense counsel has 60 days to file a supplement or give notice that none will be filed; the government then has 30 days to oppose, and any reply is due within 15 days.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

     Case 1:20-cr-00253-ADA-BAM Document 79 Filed 04/21/23 Page 1 of 2


 1

 2

 3

 4

 5

 6

 7

 8                                    UNITED STATES DISTRICT COURT

 9                         FOR THE EASTERN DISTRICT OF CALIFORNIA

10

11    UNITED STATES OF AMERICA,                        No. 1:20-cr-00253-ADA-BAM-2
12                       Plaintiff,                    ORDER SETTING BRIEFING SCHEDULE
                                                       FOR MOTION FOR COMPASSIONATE
13           v.                                        RELEASE
14    CHRISTINA SMITH,                                 (ECF No. 78)
15                       Defendant.
16

17          On September 7, 2021, Defendant Christina Smith (“Defendant”) was sentenced in this

18   action. (ECF No. 38.) On July 19, 2022, Defendant filed a pro se motion for compassionate release

19   pursuant to the First Step Act and 18 U.S.C. § 3582(c)(1)(A). (ECF No. 60.) On January 27, 2023,

20   Defendant withdrew her motion for compassionate release. (ECF No. 76.) On April 18, 2023,

21   Defendant filed another motion for compassionate release. (ECF No. 78.)

22          On August 26, 2022, the Court appointed counsel for Defendant because she has, under

23   oath, sworn or affirmed as to her inability to employ counsel or has otherwise satisfied this Court

24   that she is financially unable to obtain counsel and wishes counsel to be appointed to represent her

25   on Compassionate Release. (ECF No. 66.) The order appointed Etan Zaitsu to represent Defendant

26   in this case effective nunc pro tunc to August 24, 2022, substituting the Federal Defenders Office

27   appointed per General Order 595. (Id.) The appointment shall remain in effect until further order

28   from this Court.
                                                       1
     Case 1:20-cr-00253-ADA-BAM Document 79 Filed 04/21/23 Page 2 of 2


 1          Because Defendant filed a pro se motion for compassionate release, Defense Counsel Etan

 2   Zaitsu shall have 60 days from the date of this order to file a supplement to Defendant’s pro se

 3   motion or notify the Court and the government that he does not intend to file a supplement.

 4   Thereafter, absent further order from the Court amending the deadlines, the government shall have

 5   30 days from the date of Defendant’s filing to file an opposition to Defendant’s motion. Any reply

 6   shall be filed within 15 days of the filing of any opposition by the government.

 7

 8

 9   IT IS SO ORDERED.

10      Dated:     April 21, 2023
                                                       UNITED STATES DISTRICT JUDGE
11

12

13

14

15

16

17

18

19

20
21

22

23

24

25

26
27

28
                                                       2


File and source

File

79.pdf

Size

109,606 bytes

SHA-256

d839d93542588f49f98bf2ea9661dacf90ef1227f73971b9a61a5120639bfe72

Our copy

79.pdf

Original

No public link identified.