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United States v. Popoalii

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


November 6, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
NICHOLAS MISKOPA POPOALII, DEFENDANT.

The opinion of the court was delivered by: The Honorable Maxine M. Chesney United States District Judge

ORDER DENYING STIPULATION AND [PROPOSED] ORDER CHANGING DATE OF SENTENCING Current Date: December 9, 2009 Current Time: 2:30 p.m. Proposed Date: December 16, 2009 Proposed Time: 2:30 p.m.

Defendant Nicholas Popoalii, by and through his counsel, Edward W. Swanson, and the United States, by and through Assistant United States Attorney Tarek J. Helou, hereby stipulate to continue the defendant's sentencing hearing, currently scheduled for December 9, 2009 at 2:30 p.m., until December 16, 2009 at 2:30 p.m. Counsel for the United States is unexpectedly unavailable on December 9, 2009. Counsel for the United States spoke with U.S. Probation Officer J.D. Woods about changing the date of the defendant's sentencing. Officer Woods stated that he has no objection to the requested change.

SO STIPULATED:

DATED: November 4, 2009

For the reasons stated above, the Court hereby continues the defendant's sentencing, currently set for December 9, 2009 at 2:30 p.m., until December 16, 2009 at 2:30 p.m. Given the number of matters currently scheduled for December 16, 2009, the Court's calendar will not accommodate this sentencing on that date. Accordingly, the request to continue is hereby DENIED.

If counsel for the United States cannot arrange for another attorney from his office to appear for him on December 9, 2009, counsel shall file a renewed stipulation, advising the Court as to such circumstance and the reason(s) therefor, and proposing a suitable alternative date after consulting with the Clerk of the Court.

SO ORDERED.

20091106

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