United States District Court, D. Massachusetts
Defendant By his Attorney, James B. Krasnoo (BBO# 279300)
Krasnoo, Klehm & Falkner LLP.
MOTION, FILED PURSUANT TO COURT ORDER OF DECEMBER 8,
2017, TO MAINTAIN STATUS QUO REGARDING SENTENCING
comes the defendant in the above-entitled matter and, filing
this motion in response to the Court's Order (Saris, J.)
ordering same, respectfully requests that this Honorable
Court maintain the status quo regarding his sentencing and
assigns as reasons therefore the following:
or about December 6, 2017, due to the sudden unavailability
of the Court (Talwani, J.), the Court (Talwani, J.) cancelled
the defendant's sentencing which was then scheduled for
Wednesday, December 13, 2017.
Friday, December 8, 2017, at about noon, another this Court
(Saris, J.) initially scheduled a status conference on the
same date at 3:00 p.m. but thereafter canceled said hearing
and ordered undersigned counsel to file a motion by 12 noon
on Monday, December 11, 2017.
defendant, held without bail in the instant case but
sentenced to a 21 month sentence in docket no. 16-10059-GAO
which he is currently serving, has serious health conditions.
Sunday December 3, 2017, at Massachusetts General Hospital
(MGH), two days after his serious operation because of his
life-threatening heart condition in which the LVAD device was
removed, the defendant met with the undersigned.
defendant, upon information and belief, has been an MGH
patient since October 23, 2017 lo present.
defendant, in the opinion of the undersigned, was at the time
of the meeting very weak, appeared tired and, toward the end
of the 2 hour meeting, appeared to have difficulty
concentrating on some of the issues that were being discussed
but appeared to have no difficulty understanding the issues.
defendant, in the opinion of the undersigned, is too sick and
weak to be transported to the federal courthouse for
sentencing from either MGH or FCI Wyatt (where he had been
located after his sentence by Judge O'Toolc before his
admission on October 23, 2017 to MGH).
8. As a
result of the undersigned's discussion with the defendant
about his stamina and strength to appear for sentencing at
the federal district court, the undersigned opines that if
sentencing must be imposed before December 31, 2017,
sentencing should occur at MGH, but if sentencing can be
postponed until after December 31, 2017, the defendant would
likely be able to be transported to the federal district
court for sentencing.
there is no present date set for sentencing, the defendant
requests that the status quo remain in place.
the undersigned learns that the defendant is to be removed
from MGH, he can notify the Court who may then be able to
schedule the sentencing.
undersigned notes that the final PSR was produced and sent to
the undersigned by email on December 7, 2017 and that it
contains all of the undersigned's objections to the PSR.
Accordingly, but for the ill health of the defendant and the
current unavailability of the Judge to whom this case is
assigned, nothing appears to prevent a ...