Opinion
4:06CR3158.
July 24, 2007
ORDER
I have read defendant's downward departure and variance motion (filing 48) and the request for a one hour evidentiary hearing. I have also read her brief. (Filing 49.)
Given that the defendant is charged with being a felon in possession of a weapon and given that she has been convicted of manslaughter (by stabbing) and several other violent assaults (PSR ¶¶ 40, 44, 50, 51, and 53), I doubt whether a departure or variance is appropriate. This is so even if I assume that everything in the defendant's brief is true. That said, I will hear the defendant out, but I do not need an hour to do so. As a result,
IT IS ORDERED that the motion for departure or variance (filing 48) will be resolved at the previously scheduled one-half hour sentencing hearing. Counsel for the defendant is encouraged to present Dr. Scalora's view by affidavit or report.