Rescheduling the Date for Sentencing

(a) Stipulation or Motion. At any time prior to filing the final presentence report, the parties may file a stipulation or a party may make a motion to change a date for the sentencing hearing in a case. The stipulation or motion shall be served upon the opposing party and the Probation Officer. The stipulation or motion shall contain: (1) Good cause for the change; (2) Certification that the moving party has conferred with opposing counsel and the Probation Officer and that those parties will be available on the changed date if the motion is granted; (3) Certification that the moving party has conferred with the Courtroom Deputy Clerk for the assigned Judge and that the changed date is available on the calendar of the assigned Judge; and USDC Criminal Local Rules – Revised August 21, 2024 CRIM-13 (4) A proposed order.

(b) Response or Opposition to Motion to Reschedule. Any response or opposition to a motion to reschedule the date for a sentencing hearing shall conform with the requirements of Crim. L.R. 47-3(c). (c) Continuance by the Probation Officer. In the event there is a delay in obtaining information necessary for completing the presentence report, the Probation Officer may make a motion pursuant to Civil L.R. 7-11 that the date for sentencing be changed.

The motion shall include: (1) Certification that the Probation Officer has conferred with counsel for the parties and the courtroom Deputy Clerk with respect to the new date; that the date is available for the parties and the hearing calendar of the assigned Judge or whether there is any objection to the change by a party; and (2) A proposed order. (d) Effect of Rescheduling of Sentencing on Deadlines. Unless otherwise stated, if the Judge grants a motion to change the date for sentencing, unless otherwise ordered, the deadlines set in Crim. L.R. 32-3, 32-4 and 32-5 shall automatically adjust and be calculated from the new sentencing date.