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United States v. McEnry

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 23, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MICHAEL MCENRY, DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

STIPULATION TO CONTINUE SENTENCING AND ORDER THEREON Date: January 25, 2010 Time: 9:00 a.m. Judge: Hon. Oliver W. Wanger

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 25, 2010, or the soonest date thereafter that is convenient to the court. The date currently set for sentencing is January 11, 2010. The requested new date is January 25, 2010.

There is no recommended sentence in this matter and it is anticipated that the sentencing will be contested. The defense has filed informal objections and counsel for the government, who is currently on leave, will likely file objections upon her return. Defense counsel will also be on leave the week of December 28 through December 31, 2009, and it is anticipated that both parties will file formal objections and/or responses thereto. For these reasons, it is requested that the sentencing date be continued to January 25, 2010 to allow time for a thorough briefing of the issues.

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).

ORDER

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.

20091223

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