Case 7:14-cr-00440-VB

69 Filed
1 of 2
Case
L14-c-00440VB Document
Document 68
Fed 10/07/15
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Page 1 of 2

VIA EF
Hon. Vincent F. Briccetti, f .S, District Jx1e
I he lion. (liarles L. Brieant Jr.
Federal Building and U nited States Courthouse
300 Quarropas Street. Room 620
\\hiie Plains. Ne York 10601-4150

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Re:

United Stales v. Thonas W Libous, 14 CR 44 (VLB)

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Dear Judge Briccetti:

We represent the defendant, Senator Libous, inthe above matter. Sentencing is
scheduled for October 30, 2015. and sentencing submissions are to be filed bSTThetIe1ntnt and
the Government on October 20 and October 26, respectively. Forthethflowingreasow7
respectfully request an adjournment of the sentencipg date as well as the sentencing submissions.
Senator Libous is scheduled to begin a multi-week course of chemotherapy treatments on
October 28, 2015. He also has other medical appointments scheduled for that week, including a
CT and bone scan on October 27. We provided medical reports of Senator Libous condition
and treatment to the United States Probation Office and the Government on September 24,
2015.2 The effects of Senator Libous treatment last several days and could very well impact his
physical condition at sentencing. We believe it is best that our client not be under any residual
effects of his treatment at time of sentencing. Presently, Senator Libous is not scheduled to
undergo any treatment from November 18 to November 24. If possible, we respectfully request
that sentencing be held during that week.
3
l

We have requested that Senator Libous treating oncologist provide a letter to the court
detailing his current treatment schedule, However, we have not yet received a response to that
request If and when we receive that letter. we will submit it to the court
Because Senator Libous medical condition is ever changing. the medical reports
prepared in the last four to six weeks do not necessarily reflect our clients current condition and
treatment. At the Courts request. we would be happy to provide the reports to Your Honor.
under seal.
Senator Libous chemotherapy treatments are dependent on his physical ability to
undergo the treatment. In other words, treatments have been cancelled and will be cancelled in
the future when he is too ill to receive them. A cancelled treatment may impact his treatment
schedule
We will update the court if our clients treatment schedule changes such that
Noxember 18 to November24 is no longer a free week.

Case7:14cr00440
7:14-cr-00440-VB
Document68
69 Filed
Filed10/06/
10/07/15
Page22ofof22
15 Page
-VB Document
Case

lion. Vincent L. Briccetti

October 6, 2015
Page 2

An adjournment of sentencing and a resetting of the deadline for the parties to file their
respectie sentencing memoranda will also provide counsel with sufficient time to continue to
gather relevant sentencing materials. Given our clients medical condition and frequent hospital
visits, his ability to assist in compiling sentencing materials has been diminished. This process
has therefore taken longer than originally anticipated.
Based on the foregoing. we respectfully request an adjournment of the October 30, 2015
sentencing to a date within the week of November 18 to November 24. We further respectfully
request a three-week adjournment of defendants submission deadline to November 10, 2015,
with a corresponding adjournment of the Governments submission deadline to November 16,
2015. The Government is agreeable to these adjournments.
Thank you for Your Honors consideration in this matter.
Very truly yours,
Is! Paul DerOhannesian II
Paul DerOhannesian 11

PDII :drs
cc:

All counsel of record. via ECF

United States Probation, via electronic mail