” the government makes numerous new allegations against the Defendant, concerning possible arguments against a downward variance for the Defendant.”
November 29, 2017-Former Sheriff John Buncich, through his attorney, says that his sentencing should be delayed by a week because the Government has made allageations of wrongdoing that would impact sentencing. According to a Motion filed in Federal Court today, ” the government makes numerous new allegations against the Defendant, concerning possible arguments against a downward variance for the Defendant.” The term “downard variance” refers to US Sentencing Guidelines. According to Federal Rules, convicted criminal are sentenced pursuant to a point system based on a variety of factors including the natore of the offense, criminal history and other variables. For example, in the case of Former Surveyor George Van Til, we first learned of the handing off of an FBI statement called a “302” at sentencing. The Government alleged that Van Til should receive a longer sentence due to the uncharged crime of handing off the 302.
In the present case we have no way of knowing what the offenses are. Buncich Attorney Bryan Truitt says the Goverment intends to call additional witnesses at sentencing and that those witnesses will testify as to information the Government obtained shortly before trial:
“The government alleges these were learned by it shortly before trial yet the defense has received no documentation or FBI 302s involving the same. To date, the defense has not received anything. “
Sentencing is currently scheduled for December 6, 2017 and the Buncich Motion requests that the Court conduct a hearing and set new sentencing deadlines. If granted, the sentencing would likely be pushed off to at least January, 2018.