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United States v. Snider

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 10, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BRET LEE SNIDER, DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

STIPULATION TO CONTINUE SENTENCING AND ORDER THEREON Date: September 26, 2008 Time: 9:00 a.m.

Judge: Hon. Lawrence J. O'Neill

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, DAWRENCE W. RICE, Jr., Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for Defendant Bret Snider, that the date for sentencing may be continued to September 26, 2008. The date currently set for sentencing is September 12, 2008. The requested new date is September 26, 2008.

Defense counsel has just discovered a possible error in the Criminal History calculation for Mr. Snider. The possible error results from a prior matter which the defense believes was dismissed, but the probation office believes resulted in a conviction. The resolution of this issue will effect Mr. Snider's Criminal History Category and, consequently, the recommended sentence under the plea agreement. The parties request additional time to either resolve this disagreement or prepare to fully argue the matter before the court.

The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective defense preparation, pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendants in a speedy trial.

McGREGOR W. SCOTT United States Attorney DATED: September 10, 2008 DAWRENCE W. RICE, Jr. Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender

DATED: September 10, 2008 ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant Bret Lee Snider

ORDER

Good Cause exists to continue the matter to 8:45 a.m. on September 26, 2008. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv).

IT IS SO ORDERED.

20080910

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