Order Granting Motion to Continue Sentencing — No. 2:22-cr-00084 (Dkt. 50, E.D. Wash.)

Summary

An order granting a motion to continue sentencing (ECF No. 49), filed February 8, 2023 as ECF No. 50 in United States v. Stephen Lawrence Murphy and Stephanie Brock Murphy, Case No. 2:22-CR-0084-TOR-1, 2, in the U.S. District Court for the Eastern District of Washington, signed by Judge Thomas O. Rice. The order states that the defendants pleaded guilty to Counts 8 and 9 of the Indictment, respectively, and that Stephen Murphy moved without opposition to continue sentencing by at least 60 days to address issues with the final presentence report. It continues the hearing set for February 22, 2023 to a new date at 9:00 a.m. in Spokane Courtroom 902 and sets April 12, 2023 for the final report.

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“Order Granting Motion to Continue Sentencing — No. 2:22-cr-00084 (Dkt. 50, E.D. Wash.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-granting-motion-to-continue-sentencing-no-2-22-cr-00084-dkt-50-e-3e86e2164f/, SHA-256 91df3f4bd1a16362aa5df7a6a05fba2a8060c56bea643b2cf96983e8767f422c.

Full text

Case 2:22-cr-00084-TOR ECF No. 50 filed 02/08/23 PageID.198 Page 1 of 4

5 UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
6

7 UNITED STATES OF AMERICA,
CASE NO: 2:22-CR-0084-TOR-1, 2
8 Plaintiff,
ORDER GRANTING MOTION TO
9 v. CONTINUE SENTENCING

10 STEPHEN LAWRENCE MURPHY
(1), and STEPHANIE BROCK
11 MURPHY (2),

12 Defendants.

14 BEFORE THE COURT is Defendant Stephen Murphy’s Motion to Continue

15 Sentencing. ECF No. 49. The motion was submitted for hearing without oral

16 argument on an expedited basis. Having reviewed the file and the records therein,

17 the Court is fully informed.

18 On November 22, 2023, Defendants appeared before the Court and plead

19 guilty to Counts 8 and 9 of the Indictment, respectively. At the conclusion of the

20 hearing, the Court accepted their pleas but reserved ruling on the binding nature of

ORDER GRANTING MOTION TO CONTINUE SENTENCING ~ 1
Case 2:22-cr-00084-TOR ECF No. 50 filed 02/08/23 PageID.199 Page 2 of 4

1 the plea agreement until the time of sentencing, and scheduled sentencing hearings

2 for February 22, 2023. Defendant Stephen Murphy now moves, unopposed by the

3 government or co-Defendant Stephanie Murphy, to continue the hearing and

4 associated filing deadlines for at least 60 days. In support of the motion,

5 Defendant explains he additional time to prepare for sentencing and address certain

6 issues with the United States Probation Office with respect to the final Presentence

7 Investigation Report. The Court finds good cause to grant the motion and continue

8 the hearings.

9 ACCORDINGLY, IT IS HEREBY ORDERED:

10 1. The sentencing hearing set for February 22, 2023, is continued to April

11 26, 2023, at 9:00 a.m., in Spokane Courtroom 902. Absent truly exigent

12 circumstances, the Court will not consider another request for a continuance of

13 sentencing unless: (1) the request is made by written motion, (2) in accordance

14 with LCivR 7, and (3) the motion and supporting declaration are filed at least

15 seven (7) days before the scheduled sentencing hearing.

16 2. The Defendants shall remain released to pretrial supervision pursuant to

17 the conditions of release previously imposed in this matter. ECF Nos. 24, 25. If a

18 sentence of incarceration is imposed, the Defendants shall be taken into

19 custody at the time of sentencing.

ORDER GRANTING MOTION TO CONTINUE SENTENCING ~ 2
Case 2:22-cr-00084-TOR ECF No. 50 filed 02/08/23 PageID.200 Page 3 of 4

1 3. The United States Probation Office has prepared and disclosed a draft

2 Presentence Investigation Report (PSIR) pursuant to Fed. R. Crim. P. 32 and the

3 time for filing objections has expired.

4 4. The probation officer shall submit the final Presentence Investigation

5 Report to the Court by April 12, 2023. The report shall be accompanied by an

6 addendum setting forth any objections counsel may have made, including those

7 that have not been resolved, together with the officer’s comments and

8 recommendations thereon.

9 5. Not later than April 12, 2023, counsel shall file and serve all motions

10 and memoranda pertaining to Defendant's sentence, including departures and

11 variances, and sentencing recommendations. FAILURE TO FILE AND SERVE

12 SENTENCING MATERIAL, TO INCLUDE MOTIONS OR MEMORANDA

13 FOR UPWARD OR DOWNWARD DEPARTURE AND VARIANCES, BY

14 THIS DATE WILL BE DEEMED A WAIVER OF THE RIGHT TO DO SO.

15 6. Not later than April 19, 2023, the opposing party shall file and serve its

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

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

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

19 Court no later April 19, 2023.

ORDER GRANTING MOTION TO CONTINUE SENTENCING ~ 3
Case 2:22-cr-00084-TOR ECF No. 50 filed 02/08/23 PageID.201 Page 4 of 4

1 8. Counsel for defense shall notify Defendants and ensure their attendance

2 at every scheduled hearing.

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

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

5 the United States Marshal’s Service.

6 DATED February 8, 2023.

8 THOMAS O. RICE
United States District Judge
9

ORDER GRANTING MOTION TO CONTINUE SENTENCING ~ 4

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