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Xxxxxx, 514 F Sample Clauses

Xxxxxx, 514 F. 2d 208 (D.C.Cir. 1975); United States x. Xxxxxx, 415 F.2d 1216 (9th Cir. 1969). Inclusion of the § 4205(c) situation under the pre- sentence standard is appropriate. As explained in Bark- er: Two reasons of policy have been advanced to explain the near-presumption which Rule 32(d) erects against post-sentence withdrawal motions. The first is that post-sentence withdrawal subverts the ‘‘stability’’ of ‘‘final judgments.’’ * * * The second reason is that the post-sentence withdrawal motion often con- stitutes a veiled attack on the judge’s sentencing de- cision; to grant such motions in lenient fashion might undermine respect for the courts and fritter away the time and painstaking effort devoted to the sen- tence process. * * * Concern for the ‘‘stability of final judgments’’ has little application to withdrawal motions filed be- tween tentative and final sentencing under Section 4208(b) [now 4205(c)]. The point at which a defendant’s judgment of conviction becomes ‘‘final’’ for purposes of appeal—whether at tentative or at final sentenc- ing—is wholly within the defendant’s discretion. * * * Concern for the integrity of the sentencing process is, however, another matter. The major point, in our view, is that tentative sentencing under Section 4208(b) [now 4205(c)] leaves the defendant ignorant of his final sentence. He will therefore be unlikely to use a withdrawal motion as an oblique attack on the judge’s sentencing policy. The relative leniency of the ‘‘fair and just’’ standard is consequently not out of place. NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT The amendments are technical. No substantive change is intended. NOTES OF ADVISORY COMMITTEE ON RULES—1989 AMENDMENT The amendment to subdivision (a)(1) is intended to clarify that the court is expected to proceed without unnecessary delay, and that it may be necessary to delay sentencing when an applicable sentencing factor cannot be resolved at the time set for sentencing. Often, the factor will relate to a defendant’s agreement to cooperate with the government. But, other factors may be capable of resolution if the court delays sen- tencing while additional information is generated. As currently written, the rule might imply that a delay requested by one party or suggested by the court sua sponte might be unreasonable. The amendment rids the rule of any such implication and provides the sentenc- ing court with desirable discretion to assure that rel- evant factors are considered and accuratel...
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  • Xxxxxxx, P E., as named in your application will receive a separate mailing detailing other program requirements, including Equal Employment Opportunity, reporting in-kind contributions, and Requests to Proceed. This information is also provided on our web site noted above. Your Chief Fiscal Officer will also receive a mailing pertaining to project financial information.

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