Order Granting Defendant’s Motion to Continue Sentencing — No. 1:22-cr-02059 (Dkt. 38, E.D. Wash.)

Summary

An order granting the defendant's motion to continue sentencing (ECF No. 37), filed March 15, 2023 as ECF No. 38 in United States v. Karla Leticia Padilla-Reyna, No. 1:22-cr-02059-MKD-1, in the U.S. District Court for the Eastern District of Washington, signed by Judge Mary K. Dimke. The sentencing hearing set for March 21, 2023 is struck and reset to May 16, 2023 at 3:00 p.m. in Yakima Courtroom 324. The order recounts that the defendant wished to pay part of the restitution due under her plea agreement before sentencing, that the United States will seek forfeiture of some assets, and that the United States does not oppose the motion.

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       Case 1:22-cr-02059-MKD     ECF No. 38    filed 03/15/23   PageID.198 Page 1 of 6




 1
                                                                              FILED IN THE

 2                                                                        U.S. DISTRICT COURT
                                                                    EASTERN DISTRICT OF WASHINGTON



 3                                                                   Mar 15, 2023
                                                                         SEAN F. MCAVOY, CLERK


 4

 5                         UNITED STATES DISTRICT COURT

 6                      EASTERN DISTRICT OF WASHINGTON

 7    UNITED STATES OF AMERICA,                     No. Case 1:22-cr-02059-MKD-1

 8                              Plaintiff,          ORDER GRANTING DEFENDANT’S
                                                    MOTION TO CONTINUE
 9          v.                                      SENTENCING

10    KARLA LETICIA PADILLA-REYNA                   ECF No. 37
      (1),
11
                                Defendant.
12
           Before the Court is Defendant’s Motion to Continue Sentencing, ECF No.
13
     37. Defendant’s sentencing hearing is currently set for March 21, 2023. See ECF
14
     No. 31. Defendant moves the Court to reschedule her sentencing hearing for May
15
     16, 2023. ECF No. 37 at 1.
16

17         Defendant advises that she sought to pay a portion of the restitution that will

18   be ordered pursuant to her plea agreement prior to sentencing. ECF No. 37 at 2.

19   Defendant advises the parties had preparing for the March 21 sentencing, and the

20   United States notified her that the United States will be seeking forfeiture of some



     ORDER - 1
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 1   assets in this matter. ECF No. 37 at 2. The parties have spoken about how this

 2   may affect the agreed-upon restitution. ECF No. 27 at 2. Defense Counsel

 3   advisees she became aware of a recent opinion handed down by the Ninth Circuit

 4   that may affect this particular issue. ECF No. 27 at 2. While the parties have

 5   discussed the issue previously, the parties state that additional time is needed to

 6   resolve the matter. ECF No. 37 at 2. The United States does not oppose

 7   Defendant’s motion. The Court has reviewed the motion and the record and finds

 8   good cause to grant Defendant’s motion.

 9         Accordingly, IT IS HEREBY ORDERED:

10         1. Defendant Karla L. Padilla-Reyna’s Motion to Continue Sentencing,

11   ECF No. 37, is GRANTED.

12         2. The sentencing hearing set for March 21, 2023, is STRICKEN and

13   RESET to May 16, 2023, at 3:00 p.m. in Yakima Courtroom 324.

14         3. All pending sentencing deadlines are STRICKEN and RESET as set

15   forth below.

16         4. Absent truly exigent circumstances, the Court will not consider a request

17   for a continuance of sentencing unless: (1) the request is made by written motion,

18   (2) in accordance with LCivR 7, and (3) the motion and supporting declaration are

19   filed at least seven (7) days before the scheduled sentencing hearing.

20


     ORDER - 2
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 1         5. The United States Probation Office shall prepare a Presentence

 2   Investigation Report (PSR) pursuant to Fed. R. Crim. P. 32(c).

 3         6. Not later than April 11, 2023, the Probation Officer shall disclose the

 4   PSR to Defendant, counsel for Defendant, and the United States. Disclosure of the

 5   PSR shall be subject to the limitations imposed by Rule 32 of the Federal Rules of

 6   Criminal Procedure.

 7         7. Within 14 days of the disclosure of the PSR, counsel shall communicate

 8   in writing to the Probation Office (and opposing counsel) any objections they may

 9   have as to legal and factual errors or omissions; sentencing classifications;

10   sentencing guideline ranges; and policy statements contained in or omitted from

11   the report. Objections shall be numbered and identify the paragraph(s) to which

12   the objection applies. Objections shall address the PSR in sequential order,

13   beginning with the lowest numbered paragraph. If an objection is filed, the

14   Probation Officer shall conduct such additional investigation as is necessary to

15   assess the merits of the objection.

16         8. The Probation Officer shall submit the final PSR to the Court by May 5,

17   2023. The PSR shall be accompanied by an addendum setting forth any objections

18   counsel may have made, including those that have not been resolved, together with

19   the officer’s comments and recommendations thereon. The Probation Officer shall

20   certify that the contents of the report, other than the sentencing recommendations,


     ORDER - 3
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 1   including any revisions or addenda, have been disclosed to counsel for Defendant

 2   and the United States, and that the addendum fairly states any remaining

 3   objections. Except with respect to any written objection made as required above,

 4   the PSR and computations shall be accepted by the Court as accurate. Upon a

 5   timely objection by Defendant, the United States bears the burden of proof on any

 6   fact that is necessary to establish the base offense level. The Court, however, for

 7   good cause shown, may allow that a new objection be raised at any time before the

 8   imposition of sentence. In resolving any disputed issues of fact, the Court may

 9   consider any reliable information presented by the Probation Officer, Defendant, or

10   the United States.

11         Nothing in this Order requires the disclosure of any portions of the PSR that

12   are not disclosable under Fed. R. Crim. P. 32. The PSR shall be deemed to have

13   been disclosed: (1) when a copy of the report is physically delivered; or (2) one

14   day after the report’s availability for inspection is orally communicated; or (3)

15   three days after a copy of the report or notice of its availability is mailed to

16   counsel, whichever date is earlier.

17         9. Not later than May 1, 2023, counsel shall file and serve all motions and

18   memoranda pertaining to Defendant’s sentence, including departures and

19   variances, and sentencing recommendations.

20


     ORDER - 4
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 1          a. Counsel shall utilize the following format when preparing initial

 2               sentencing memoranda which are limited to 20 pages (absent prior

 3               Court permission to file an overlength brief): I. Offense Level &

 4               Criminal History, II. Departures, III. 18 U.S.C. § 3553(a).

 5          b. Under Section I. Offense Level & Criminal History, counsel shall

 6               discuss whether the PSR’s Total Offense Level calculations (not

 7               including departures) and Criminal History calculation are correct or

 8               incorrect, providing legal authority for the party’s position.

 9          c. Under Section II. Departures, counsel shall discuss whether a

10               downward and/or upward departure is warranted under the Guidelines

11               and provide legal authority for such position.

12          d. Under Section III. 18 U.S.C. § 3553(a), counsel shall discuss whether

13               the resulting guideline range provides a reasonable sentence

14               sufficient, but not greater than necessary to comply with the purposes

15               set forth in 18 U.S.C. § 3553(a)(2), considering the other factors listed

16               in § 3553(a).

17          e. FAILURE TO FILE AND SERVE SENTENCING MATERIAL

18               BY THIS DATE, TO INCLUDE MOTIONS OR MEMORANDA

19               FOR UPWARD OR DOWNWARD DEPARTURE, WILL BE

20               DEEMED A WAIVER OF THE RIGHT TO DO SO.


     ORDER - 5
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 1         10. Not later than May 9, 2023, the opposing party shall file and serve its

 2   response limited to no more than seven (7) pages.

 3         11. If Defendant intends to qualify for the safety valve, the parties must

 4   schedule a meeting to conduct a safety valve interview to determine if the

 5   Defendant has met the requirements of U.S.S.G. § 5C1.2(a)(5) no later than April

 6   25, 2023.

 7         12. If either party intends to call witnesses or proffer exhibits at sentencing,

 8   witness and exhibit lists must be exchanged by the parties and provided to the

 9   Court no later May 9, 2023.

10         13. Sentencings shall be scheduled for a total of 45 minutes. If it is believed

11   that the sentencing hearing will last longer than 45 minutes, counsel shall contact

12   Chambers no later than May 9, 2023.

13         IT IS SO ORDERED. The District Court Clerk is hereby directed to enter

14   this Order and provide copies to counsel, the United States Probation Office, and

15   the United States Marshals Service.

16         DATED March 15, 2023.

17                                 s/Mary K. Dimke
                                  MARY K. DIMKE
18                         UNITED STATES DISTRICT JUDGE

19

20


     ORDER - 6


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