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United States v. Pineda-Penazola

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO


May 14, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SALVADOR PINEDA-PENAZOLA, DEFENDANT.

The opinion of the court was delivered by: Honorable Lawrence J. O'Neill U.S. District Court Judge

STIPULATION FOR CONTINUANCE AND ORDER THEREIN

IT IS HEREBY STIPULATED between the Defendant, SALVADOR PINEDA-PENAZOLA, by and through his attorney of record, Anthony P. Capozzi, and Plaintiff, by and through Assistant United States Attorney, Karen Escobar, that the Sentencing Hearing now set for Friday, May 15, 2009 at 8:30 a.m. be continued to Friday, May 29, 2009 at 8:30 a.m.

This request is made because the Defendant has some questions regarding his sentencing that just arose and defendant's counsel has been unavailable to answer them.

It is further stipulated by the parties that any delay resulting from this continuance shall be excluded on the following basis:

1. Title 18, United States Code, Section 3161(h)(8)(A) -- that the ends of justice served by taking such action outweighs the best interest of the public and the defendant in a speedy trial;

2. Title 18, United States Code, Section 3161(h)(8)(ii) -- that it is unreasonable to expect adequate preparation for pre-trial proceedings or for the trial itself with the time limits established due to the complexity of the case.

Respectfully submitted,

Dated: May 14, 2009

Anthony P. Capozzi, Attorney for Defendant, PHILLIP AARON DONALDSON

Karen Escobar, Assistant United States Attorney

ORDER

IT IS SO ORDERED. Good cause having been shown, the Hearing now set for May 15, 2009 is vacated and is now scheduled for Friday, May 29, 2009 at 8:30 a.m. Additionally, time shall be excluded by stipulation from the parties and pursuant to 18 USC §§ 3161(h)(A) and 3161(h)(B)(ii).

20090514

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