Letter to Judge Ramos Re: United States v. Elvin German, 21 Cr. 245 (ER) (Dkt. 41, S.D.N.Y.)
Summary
In this January 21, 2022 letter, defense counsel Mark I. Cohen asks The Honorable Edgardo Ramos of the Southern District of New York for a 30-day adjournment of the sentencing in United States v. Elvin German, 21 Cr. 245 (ER), then set for February 10, 2022 at 3:30 p.m., and for adjusted sentencing submission deadlines. The letter says this is the first sentencing adjournment request by the defense, that A.U.S.A. Danielle Kudla has no objection, and that the final Presentence Report, received January 19, 2022, must be reviewed with Mr. German, who is also gathering records and letters of support. An endorsement on the letter, marked SO ORDERED and dated 1/21/2022, states that sentencing is adjourned to April 13, 2022 at 3:30 pm and that the submission deadlines are extended.
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Full text
Case 1:21-cr-00245-ER Document 40
41 Filed 01/21/22 Page 1 of 2
The Honorable Edgardo Ramos
January 21, 2021
Page 1 of 2
1/21/2022
January 21, 2022
Sentencing is adjourned to April 13, 2022 at 3:30 pm.
VIA ECF The sentencing submission deadlines are extended
The Honorable Edgardo Ramos accordingly.
United States District Judge SO ORDERED.
Southern District of New York
500 Pearl Street
1/21/2022
New York, New York 10007
Re: United States v. Elvin German
21 Cr. 245 (ER)
Dear Judge Ramos:
Please recall that I represent Mr. Elvin German in the above-referenced matter. Mr.
German is presently scheduled for sentencing before Your Honor on February 10, 2022 at 3:30
p.m., and per Your Honor’s Individual Rules, the defense’s sentencing submission is due
Thursday, January 27, 2022. For the reasons that follow, I write to respectfully request that Your
Honor grant a 30-day adjournment of the sentencing hearing and adjust the parties’ respective
sentencing submission deadlines accordingly. This is the defense’s first sentencing hearing
adjournment request in this matter. I have discussed this request with A.U.S.A. Danielle Kudla,
and the Government has no objection.
On January 10, 2022, the defense submitted a letter to United States Probation Officer
Stephanie Zhang detailing Mr. German’s extensive objections to the United States Probation
Presentence Report (“PSR”). These objections were successfully resolved and incorporated into
the final PSR, which we received Wednesday, January 19, 2022, and sent to Mr. German. The
defense respectfully submits that it requires time to review the final report with Mr. German—
especially Probation’s sentencing recommendation and justification—prior to finalizing and
submitting its sentencing letter. Further, Mr. German is working to obtain records and letters of
support that will be included in the defense’s sentencing submission, but he requires additional
time to do so. The defense respectfully submits that the requested adjournment would permit Mr.
German the necessary time to obtain these important sentencing materials.
Case 1:21-cr-00245-ER Document 40
41 Filed 01/21/22 Page 2 of 2
The Honorable Edgardo Ramos
January 21, 2021
Page 2 of 2
Therefore, I respectfully request a 30-day adjournment of Mr. German’s sentencing
hearing until late-February 2022 or mid-March 2022, as A.U.S.A. Kudla has advised that she is
unavailable February 25 through March 7, 2022, and I am unavailable February 23 through
February 24, 2022 and March 11 through March 18, 2022. Further, I respectfully request that the
due dates for the parties’ respective sentencing submissions be adjusted to correspond with Mr.
German’s new anticipated sentencing date and in accordance with Your Honor’s Rules. Thank
you for your consideration.
Respectfully submitted,
Mark I. Cohen
MIC/gmf
Cc: A.U.S.A. Danielle Kudla (via ECF)
Mr. Elvin German (via email)
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