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United States v. Duran-Hilario

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


June 17, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
EULOGIO DURAN-HILARIO, DEFENDANT.

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

STIPULATION FOR CONTINUANCE OF SENTENCING AND ORDER THEREON

IT IS HEREBY STIPULATED between the Defendant, EULOGIO DURANHILARIO through his attorney-of-record, Anthony P. Capozzi and Plaintiff, by and through Assistant United States Attorney, Laurel J. Montoya, that the Sentencing hearing now set for Friday, June 19, 2009, be continued to Friday, July 10, 2009, at 9:00 a.m.

This request is made due to Mr. Capozzi's recent surgery and required recovery time. 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)(B)(ii): that 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: June 16, 2009

ANTHONY P. CAPOZZI, Attorney for Defendant, EULOGIO DURAN-HILARIO

Dated: June 16, 2009

LAUREL J. MONTOYA Assistant United States Attorney

ORDER

IT IS SO ORDERED. Good cause having been shown, the hearing set for Friday, June 19, 2009 is vacated and continued to Friday, July 10, 2009 at 9:00 a.m.

Additionally, time shall be excluded by stipulation from the parties and pursuant to 18 USC §§ 3161(h)(8)(A) and 3161(h)(8)(B)(ii).

20090617

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