IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 20, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
HENRY JAMES CANTY, DEFENDANT.
The opinion of the court was delivered by: Judge Hon. Lawrence J. O'Neill
STIPULATION TO CONTINUE SENTENCING HEARING; AND ORDER THEREON
Date: May 29, 2009
IT IS HEREBY STIPULATED, by and between the parties hereto, and through their respective attorneys of record herein, that the sentencing hearing in the above-captioned matter now scheduled for May 22, 2009, may be continued to May 29, 2009, at 9:00 a.m.
The parties are attempting to negotiate a jointly-recommended sentence, and are trying to resolve the Court's concerns addressed in its May 15, 2009 Minute Order. An additional week would help negotiations. Defendant needs additional time to collect information regarding the concerns which the Court identified. AUSA Marlon Cobar has no objection. The requested continuance will conserve time and resources for both counsel and the court.
The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice herein for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(8)(A) and 3161(h)(8)(B)(i) and (iv).
DATED: May 19, 2009
LAWRENCE G. BROWN Acting United States Attorney MARLON COBAR Assistant United States Attorney Attorney for Plaintiff
DANIEL J. BRODERICK Federal Defender DOUGLAS J. BEEVERS Assistant Federal Defender Attorney for Defendant HENRY JAMES CANTY
In light of the Court's notice sent to all Counsel that the Court intends to sentence above the Advisory Guidelines, the request to continue sentencing one week is granted. Time is hereby excluded pursuant to 18 U.S.C. §§ 3161(h)(8)(A) and 3161(h)(8)(B)(i) and (iv).
IT IS SO ORDERED.
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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