Opinion
Case No. 09-20272
08-17-2011
UNITED STATES OF AMERICA, Plaintiff, v. FRANCIS A. SHARRAK, Defendant.
ORDER SETTING HEARINGS AND SCHEDULE FOR SENTENCING BRIEFS
On January 3, 2011, the court adjourned the sentencing hearing of Defendant Francis A. Sharrak pending determination of competency to proceed to sentencing pro se. (1/3/2011 Order.) The court subsequently found Defendant competent. (5/6/2011 Order.) A hearing to determine whether Defendant still intended to proceed pro se under Faretta v. California, 422 U.S. 806 (1975), was scheduled and rescheduled due to unforeseeable circumstances. At a hearing held on August 15, 2011, the court granted an adjournment of the Faretta hearing until November 17, 2011, to allow Defendant adequate time to confer with standby counsel. The court will now set a new schedule for hearings, objections, motions, trial sentencing memoranda, and sentencing. Accordingly,
IT IS ORDERED that a hearing on Defendant's intent to represent himself shall be reset for November 17, 2011, at 2:00 p.m.
IT IS FURTHER ORDERED that objections to the presentence report shall be filed on or before December 8, 2011, and responses shall be filed on or before December 22, 2011.
IT IS FURTHER ORDERED that any motions for departure or variance shall be filed on or before January 12, 2012, and responses shall be filed on or before January 19, 2012.
IT IS FURTHER ORDERED that sentencing memoranda shall be filed on or before January 19, 2012.
Finally, IT IS ORDERED that a sentencing hearing shall be set for January 31, 2012, at 2:00 p.m.
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, August 17, 2011, by electronic and/or ordinary mail.
Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522