Opinion
CASE NO: CR02-42-N-EJL
September 3, 2002
ORDER
Pending before the Court in the above-entitled matter is Defendant's Motion to Continue Sentencing filed on August 30, 2002. The Defendant requests additional time to attempt to substantially assist the government. The Government objects to the continuance of the sentencing indicating that it is unlikely Defendant can produce valuable information to justify a motion for downward departure and that this matter has previously been continued three times.
At this stage of the proceedings, the Defendant's motion does not establish good cause when the response of the Government is taken into account. Furthermore, after sentencing the Government may file a Rule 35 motion should the Defendant's alleged cooperation come to fruition. The sentencing will proceed as scheduled and the motion to continue is
DENIED.