JUDGE JOSE E. MARTINEZ’S SENTENCING PROCEDURES
1. The Court sets aside 30 minutes for sentencing hearings. If any party requires
more than 30 minutes, counsel for that party shall file, no later than 14 days
prior to the hearing, a motion in which the moving party specifics how much
time will be needed and why more time is necessary.
2. Individuals who wish to speak on Defendant’s behalf may do so either by
submitting a letter to the Court or speaking at the sentencing hearing, but not
both. Any letters or exhibits to be presented at sentencing shall be submitted
no later than 7 days prior to the sentencing hearing.
3. The following deadlines apply with respect to the preparation of and
objections to the Presentence Investigation Report (“PSR”). The failure to
comply with these deadlines may lead to the objection or argument being
stricken or otherwise disregarded by the Court.
Disclosure of Draft PSR: The Probation Office shall disclose the Draft PSR
no later than 35 days prior to the sentencing hearing.
Objections to Draft PSR and/or Sentencing Memoranda: Counsel shall file
their Objections, and Motions for Departure and/or Variance from the
guidelines, if any, to the Draft PSR within 14 days after disclosure of the Draft
PSR. Responses to the Objections and any Motions for Departure and/or
Variance from the guidelines shall be filed 7 days thereafter.
Final PSR: The Probation Office shall disclose the Final PSR and Addendum
no later than 7 days before the sentencing hearing.
Objections to Final PSR: After the Final PSR has been disclosed to the parties,
or if the PSR is subsequently revised, or supplemented, counsel shall file a
Notice stating which of the previously filed Objections, if any, have been
resolved and which Objections, if any, remain to be resolved by the Court at
the sentencing hearing. This Notice shall be filed no later than 3 days before
the sentencing hearing.
