The opinion of the court was delivered by: James Giller
REQUEST FOR CONTINUANCE OF SENTENCING DATE; ORDER
COMES NOW James Giller, attorney for Defendant GERALD STAHL, and requests a continuance of the sentencing date in the above-entitled matter from January 9, 2008, at 9:30 a.m. to January 23, 2008 at 2:30 p.m.
The reason for this request is explained in the attached Declaration of James Giller.
I, JAMES GILLER, declare:
1. That I represent the defendant Gerald Stahl in the above entitled matter.
2. This matter is set for sentencing on January 9, 2008. I am requesting a continuance of the sentencing hearing for a short period of time.
3. The reason for this request is that I was in a seven week 187 PC special circumstance (not death) case that did not finish until December 13, 2007. I was scheduled to go trial in Redwood City on another matter on December 17, 2007 and tried to get ready for that matter for trial, but that matter was resolved on December 17, 2007. The week of December 17, 2007 I had to clear up matters that came up while I was in trial because I did not have proper time to deal with them which included preparing the sentencing memo in the Stahl matter.
4. It was my intention to work on that memo right after the Christmas vacation and get that filed but on December 24, 2007 I was informed that my brother-in-law in Minnesota had died and he was someone I was very close to and I went back to Minnesota for the funeral.
5. There are some issues in the Sentencing Memorandum filed by the probation officer that I wanted to do some legal research on namely on obstruction of justice and setting the loss at $75,000 instead of $60,000.
6. I did not return to the office until December 31, 2007 and afer a day or two I began to do some legal research on this sentencing memorandum and have not had an opportunity to complete that. I have done some of the research.
7. In addition to that my client's wife was expecting a baby on January 1, 2008 but as of this writing that baby has not been born. They are contemplating a C- Section on January 7, 2008 and that has caused some complications for my client.
8. I had tried to contact Ms. Webber Assistant U.S. Attorney that is handling this matter and Ms. Sharpe the U.S. Probation Officer to advise them of my request for a continuance but as ...