JUDGE JACQUELINE BECERRA’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 specifies how much time will
be needed and why more time is necessary. If a party will be presenting evidence at
the hearing, they must notify the Court and opposing counsel no later than 14 days
prior to the hearing. Failure to notify the Court and opposing counsel may lead to
the evidence being stricken or disregarded by the Court.
2. 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
(“PSR”) no later than 35 days prior to the sentencing hearing.
Objections to Draft PSR and/or Sentencing Memoranda: Each party shall file
its objections, if any, to the Draft PSR and any motions for sentencing
departures or variances no later than 14 days after the disclosure of the Draft
PSR. Any memorandum or other filings made in support of a parties’
sentencing recommendations are also to be filed no later than 14 days after
the disclosure of the Draft PSR.
Response to Objections to Draft PSR: The non-moving party must respond to
any objection filed within 7 days of the objection being filed. The non-moving
party must respond to each objection to the PSR, as well as to any motion for
a variance or departure, even if the non-moving party plans to concede the
objection, variance, or departure.
Final PSR: The Probation Office shall disclose the Final PSR and Addendum
no later 7 days before the sentencing hearing.
Objections to Final PSR: Any party that has previously filed an objection to
the PSR shall, no later than 3 days before the sentencing hearing, file a notice
setting forth those previously filed objections, if any, that have been resolved
and those that remain outstanding.
3. Defendants released on bond pending trial and who are sentenced to a term of
incarceration should be prepared to surrender to the U.S. Marshal’s Service at the
conclusion of the sentencing hearing. Any motion seeking leave for Defendant to
surrender after the date of sentencing must be filed at the time set for the filing of
objections to the PSR.
