IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 3, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
MICHAEL MCENRY, DEFENDANT.
The opinion of the court was delivered by: Judge: Hon. Oliver W. Wanger
STIPULATION TO CONTINUE SENTENCING AND ORDER THEREON
Date: January 11, 2010
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KAREN A. ESCOBAR, Assistant United States Attorney, counsel for plaintiff, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant, Michael McEnry, that the date for sentencing in this matter may be continued to January 11, 2010, or the soonest date thereafter that is convenient to the court. The date currently set for sentencing is November 16, 2009. The requested new date is January 11, 2010.
Mr. McEnry resides in Eureka, California. For this reason, the defense initially intended to complete a telephonic pre-sentence interview with probation, but then decided it would be best for McEnry to meet with probation in person. Do to the unavailability of counsel and delays in getting Mr. McEnry to Fresno, we were late in completing the interview. There is no recommended sentence in this matter and it is anticipated that the sentencing will be contested. USPO Marootian is scheduled to be on vacation for a period of time, the holidays are coming up, and defense counsel is scheduled to be in trial for 6-8 weeks beginning November 16, 2009. For all these reasons the defense is requesting that sentencing be continued to January 11, 2010. Assistant U.S. Attorney Karen Escobar has no objection to this request.
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)(7)(A) and (B)(iv).
IT IS SO ORDERED.
The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
Oliver W. Wanger UNITED STATES DISTRICT JUDGE
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