Cody Easterday, president of Easterday Farms, said he hopes to open Easterday Farms Dairy by fall 2020.

Former Washington cattleman Cody Easterday will seek to delay his sentencing for fraud for a third time, arguing he needs to stay free to help raise money to repay Tyson Fresh Meats.

U.S. District Judge Stanley Bastain in Richland, Wash., on Tuesday set a hearing for Jan. 6 to consider Easterday’s motion to postpone sentencing until after April 28.

The Justice Department, which did not oppose the two previous delays, will oppose a third postponement, according to court records. The U.S. Attorney’s Office declined to comment.

Easterday, a cattle supplier, pleaded guilty March 31 to billing Tyson for cattle that didn’t exist. He agreed to repay $233 million but still faces up to 20 years in prison. He is scheduled to be sentenced Jan. 24.

His attorney, Carl Oreskovich, said in a court filing that Tyson will benefit if Easterday stays out of prison for several more months.

Easterday, his wife and mother are liquidating their extensive assets in U.S. bankruptcy court. Farmland Reserve Inc. bought several Easterday farms for $209 million in July.

A trial is scheduled to begin April 28 on dividing the proceeds. Attorneys representing the interests of creditors claim the Easterday family shouldn’t get any money.

The Easterdays claim they contributed their personal property to the bankruptcy sale and are entitled to a share of the proceeds.

Lawyers are preparing for a complex trial to untangle the ownership of parcels, equipment and water rights. The Easterdays farmed 22,000 acres in the Columbia Basin. The trial is expected to end in early May.

Cody Easterday is the only one who can help family lawyers prepare for the trial, according to Oreskovich.

He and his late father, Gale, built up the family’s operations over 30 years, Oreskovich wrote.

The more money Cody Easterday gets at the end of the trial, the more money he can repay Tyson, Oreskovich stated.

“Mr. Easterday does not seek to delay sentencing indefinitely and only desires to continue his good efforts to generate as much money as possible to reduce his indebtedness,” Oreskovich wrote.  

A Tyson spokesman declined to comment Wednesday.

Lawyers for Tyson and the Easterdays have exchanged barbs in bankruptcy court.

Tyson attorney Al Smith said at a status conference Dec. 21 that the Easterdays were trying to drag out proceedings, hoping others will tire and “go away cheap.”

Attorney Timothy Conway, who represents Cody Easterday’s mother, Karen, said Smith’s comments were “highly offensive.”

He said Karen Easterday made the sale to Farmland Reserve possible by contributing her personal property. “We don’t think it’s appropriate for others to railroad us,” Conway said.

Cody Easterday’s sentencing was postponed last spring because Oreskovich had knee-replacement surgery and was unable to prepare for the hearing.

Sentencing was delayed a second time in the fall to give Cody Easterday time to help liquidate assets.