The opinion of the court was delivered by: The Honorable Maxine M. Chesney United States District Judge
STIPULATION AND [PROPOSED] ORDER TO CONTINUE SENTENCING DATE Date: March 26, 2008 Time: 2:30 p.m.
Court: The Honorable Maxine M. Chesney
Undersigned counsel stipulate as follows:
1. Sentencing in this matter is currently set for March 26, 2008, at 2:30 p.m.;
2. Both the USPO assigned to the case, as well as defense counsel received earlier this week approximately 1,000 pages of Mr. Hickey's medical records. Defense counsel needs time to review these records in order to file sufficient objections to the Presentence Report;
3. Government counsel and defense counsel have also made arrangements for the viewing of computer images that are relevant to certain enhancements. Due to scheduling difficulties, this meeting could not be arranged prior to the time defense counsel's objections are due for the Presentence Report (February 30, 2008). Defense counsel needs to view the images prior to filing a final objection letter with the Probation Department for the Presentence Report;
4. Defense counsel requests a continuance of the sentencing for the purpose of allowing her to view and count the relevant images and their locations, as well as review the 1000 pages of medical records and prepare a summary and a PSR objection letter for the Probation Department that reflects the diagnoses contained in the medical records, for the purpose of arguing that a departure is appropriate on these grounds;
5. Government counsel has no opposition to the request for a continuance of the sentencing date for this purpose. Government counsel is unavailable April 9 or April 16, 2008. As such, the parties have agreed on April 23, 2008, at 2:30 p.m.;
6. USPO Jessica Goldsberry has been contacted by government counsel, and has no objection to a continuance of the sentencing date to April 23, 2008 at 2:30 p.m.
ELIZABETH M. FALK Assistant Federal Public Defender
ALLISON M. DANNER Assistant United ...