U.S. v. Ascencio, CR 05-00164-01 RMW. (2015)
Court: District Court, N.D. California
Number: infdco20150305883
Visitors: 8
Filed: Mar. 04, 2015
Latest Update: Mar. 04, 2015
Summary: UNITED STATES' SECOND MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO MOTION UNDER 18 U.S.C. 3582(c)(2) AND [] ORDER RONALD M. WHYTE , District Judge . By order issued December 19, 2014, the Court directed the United States and Probation to advise the Court of the government's position on defendant Robert James Ascencio's motion under 18 U.S.C. 3582(c)(2) by February 6, 2015. As of that date, Probation had not received all the materials necessary to formulate a position. Probation st
Summary: UNITED STATES' SECOND MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO MOTION UNDER 18 U.S.C. 3582(c)(2) AND [] ORDER RONALD M. WHYTE , District Judge . By order issued December 19, 2014, the Court directed the United States and Probation to advise the Court of the government's position on defendant Robert James Ascencio's motion under 18 U.S.C. 3582(c)(2) by February 6, 2015. As of that date, Probation had not received all the materials necessary to formulate a position. Probation sti..
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UNITED STATES' SECOND MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO MOTION UNDER 18 U.S.C. § 3582(c)(2) AND [] ORDER
RONALD M. WHYTE, District Judge.
By order issued December 19, 2014, the Court directed the United States and Probation to advise the Court of the government's position on defendant Robert James Ascencio's motion under 18 U.S.C. § 3582(c)(2) by February 6, 2015. As of that date, Probation had not received all the materials necessary to formulate a position. Probation still has not obtained the necessary materials. In particular, Probation has delayed filing a response because it has not yet obtained Ascencio's records from the Bureau of Prisons. Because the United States generally follows Probation's recommendation on Section 3582(c)(2) motions, the United States seeks a second two-week extension, until March 6, 2015, to file its responses to Ascencio's request for relief.
Ascencio will not be prejudiced by the requested continuance because under Guidelines Amendment 782, the Court cannot grant relief that is effective before November 1, 2015. The Federal Public Defender, which is representing Ascencio, has no objection to this continuance.
It is ORDERED that the government's request for a two-week extension until March 6, 2015, to file its response is hereby GRANTED.
Source: Leagle
