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United States v. Harrill

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 13, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
STEVEN MICHAEL HARRILL, ET AL., DEFENDANT.

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

STIPULATION TO CONTINUE SENTENCING HEARING; ORDER.

SCHED. DATE: January 16, 2009

REQST. DATE: February 27, 2009

TIME: 8:30 A.M.

Hon. Lawrence J. O'Neill

IT IS HEREBY STIPULATED between the parties, by and through counsel for the government, Laurel J. Montoya and Joan Jacobs Levie, counsel for Defendant STEVEN MICHAEL HARRILL, that the date established for the sentencing hearing, currently scheduled for January 16, 2009 at 8:10 a.m. in the courtroom of the Hon. Lawrence J. O'Neill be continued until February 27, 2009 at 8:30 a.m. in the courtroom of the Hon. Lawrence J. O'Neill.

The joint request for the change of sentencing date is due to changed circumstances. The government was originally represented by Assistant U.S. Attorney Kathy Servatius, with whom certain agreements were reached giving rise to certain responsibilities for Mr. Harrill. Assistant U.S. Attorney Elana Landau, who is now out on maternity leave, replaced Ms. Servatius. Defense counsel learned on January 14, 2009, that Assistant U.S. Attorney Laurel Montoya would represent the government at sentencing. Ms. Montoya is preparing for some trials. It is very important for Ms. Levie and Ms. Montoya to have time to communicate to mutually resolve some sentencing issues. Discussions and negotiations were underway between the parties but Ms. Montoya has not been privy to those conversations. Therefore, In the interest of justice and fairness to both parties, this continuance is requested.

DATED: January 13, 2009

Respectfully submitted,

JOAN JACOBS LEVIE Attorney for Defendant, STEVEN MICHAEL HARRILL Laurel Montoya ELANA LANDAU Assistant U.S. Attorney

ORDER

Having read the stipulation of counsel and finding good cause, IT IS HEREBY ORDERED that the sentencing proceedings will be continued in accordance with the above stipulation of counsel. The defendant is ordered to return to court for further proceedings on February 27, 2009 at 8:30.

IT IS SO ORDERED.

20090113

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