govinfo:USCOURTS-waed-2_23-cr-00069-1

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UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF WASHINGTON 
 
UNITED STATES OF AMERICA, 
 
                                         Plaintiff, 
 
          v. 
 
JAVIER ARANDA-FRANCO, 
 
                                         Defendant. 
 
      
     CASE NO: 2:23-CR-0069-TOR-2 
 
ORDER ADOPTING REPORT AND 
RECOMMENDATION AND 
SETTING SENTENCING SCHEDULE 
 On June 26, 2025,  Javier Aranda-Franco appeared before Magistrate Judge 
Alexander C. Ekstrom, waived indictment by a grand jury and entered a plea of 
guilty to Count 1 of the Information through a written plea agreement, charging 
him with Contempt, in violation of 18 U.S.C. § 401(3).  See ECF Nos. 50-53. The 
Defendant was represented by Asst. Federal Defender Justin Lonergan and assisted 
by the Court’s certified interpreter.  United States Attorney Richard Barker 
appeared on behalf of the government.   On June 27, 2025, Magistrate Judge 
Alexander C. Ekstrom issued a Report and Recommendation (R&R) 
recommending the Court accept Defendant’s plea of guilty and set a deadline of 14 
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days for the filing of objections to the R&R. ECF No. 55.  The deadline has now 
expired with no objections having been filed.  Accordingly, the Court adopts the 
R&R and sets the following sentencing schedule.  
 ACCORDINGLY, IT IS HEREBY ORDERED: 
 1.  A sentencing hearing is set for October 8, 2025, at 2:30 p.m., in 
Spokane Courtroom 902.  Absent truly exigent circumstances, the Court will not 
consider a request for a continuance of sentencing unless: (1) the request is made 
by written motion, (2) in accordance with LCivR 7, and (3) the motion and 
supporting declaration are filed at least seven (7) days before the scheduled 
sentencing hearing.   
2.   The Defendant shall remain in the custody of the U.S. Marshal's Service 
pursuant to the detention order in this matter.  ECF No. 36.  If a sentence of 
incarceration is imposed, the Defendant shall remain in the custody of the U.S. 
Marshal's Service. 
 3.   The United States Probation Office shall prepare a Presentence 
Investigation Report (PSIR) pursuant to Fed. R. Crim. P. 32(c).  
4.   Not later than August 27, 2025, the probation officer shall disclose the 
Presentence Investigation Report to the Defendant, counsel for Defendant, and the 
Government.  Disclosure of the Presentence Investigation Report shall be subject 
to the limitations imposed by Rule 32 of the Federal Rules of Criminal Procedure.  
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 5.   Not later than September 10, 2025, counsel shall communicate in 
writing to the probation office (and opposing counsel) any objections they may 
have as to legal and factual errors or omissions; sentencing classifications; 
sentencing guideline ranges; and policy statements contained in or omitted from 
the report.  If an objection is filed, the probation officer shall conduct such 
additional investigation as is necessary to assess the merits of the objection. 
 6.  The probation officer shall submit the final Presentence Investigation 
Report to the Court by September 24, 2025.  The report shall be accompanied by 
an addendum setting forth any objections counsel may have made, including those 
that have not been resolved, together with the officer’s comments and 
recommendations thereon.    
7.   Not later than September 24, 2025, counsel shall file and serve all 
motions and memoranda pertaining to Defendant's sentence, including departures 
and variances, and sentencing recommendations.  FAILURE TO FILE AND 
SERVE SENTENCING MATERIAL, TO INCLUDE MOTIONS OR 
MEMORANDA FOR UPWARD OR DOWNWARD DEPARTURE AND 
VARIANCES, BY THIS DATE WILL BE DEEMED A WAIVER OF THE 
RIGHT TO DO SO.     
8.  Not later than October 1, 2025, the opposing party shall file and serve its 
response limited to no more than seven (7) pages. 
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9.  If either party intends to call witnesses or proffer exhibits at sentencing, 
witness and exhibit lists must be exchanged by the parties and provided to the 
Court no later October 1, 2025.  This includes the names of any party who 
requests to address the Court prior to the imposition of sentence. 
10.  All pending motions are DENIED as moot and all pending hearing and 
trial dates are stricken from the Court’s calendar. 
11.  The District Court Executive is authorized to accept Defendant's $100 
payment which shall be applied to the Special Penalty Assessment. 
 IT IS SO ORDERED.  The District Court Clerk is hereby directed to enter 
this Order and provide copies to counsel, the United States Probation Office, and 
the United States Marshal’s Service. 
 DATED July 17, 2025. 
 
 
THOMAS O. RICE 
 United States District Judge 
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