Opinion
NO. 3:10-00258
10-12-2012
UNITED STATES OF AMERICA v. DAVID TOVAR MONTOYA
JUDGE CAMPBELL
ORDER
The sentencing hearing currently scheduled for October 30, 2012, is RESCHEDULED for February 1, 2013, at 9:00 a.m.
All motions for a departure or pursuant to United States v. Booker, 125 S.Ct. 738 (2005) must be filed at least five (5) days before the sentencing hearing.
In accordance with LCrR 32.01(c), at least seven (7) days prior to the sentencing date, the parties shall file a "Position of the (Government or Defendant) with Respect to Sentencing Factors," containing only unresolved objections to the Presentence Report. If the parties have no objections to the Presentence Report, they shall so indicate in their "Position" filed with the Court. The parties shall also serve a copy of their "Position" on the Probation Office upon its filing.
The Government shall not dispose of or forfeit any property seized in this case without prior order of the Court or until all direct appeals are fully exhausted.
It is so ORDERED.
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TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE