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Judge Simon: Sentencing Memoranda and Motions

Sentencing memoranda are required if a party intends to request a sentence outside of the range suggested by the Sentencing Guidelines. In all other instances, sentencing memoranda are optional. The memorandum may address any legal or factual issue that will be in dispute at sentencing. In addition, the memorandum may provide any other information counsel believes will be helpful to the Court in arriving at a sentence (for instance, counsel may attach letters from family or friends).

All sentencing memoranda must be filed with the Court at least 10 days prior to the sentencing hearing. Responses to sentencing memoranda are optional, but if a party wants to file a response it must be filed at least 5 days prior to the sentencing. Replies in support of sentencing memoranda are unnecessary and will not be entertained. Any memorandum or response filed after these deadlines will be stricken and disregarded, absent extraordinary circumstances.

Any motion made pursuant to §5K1.1 of the United States Sentencing Guidelines must be filed at least 5 days prior to the sentencing hearing.

If a sentencing date is continued, these deadlines shift accordingly.