The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
STIPULATION TO CONTINUE SENTENCING AND ORDER THEREON
Date: February 16, 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 February 16, 2010, or the soonest date thereafter that is convenient to the court. The date currently set for sentencing is January 25, 2010. The requested new date is February 16, 2010.
There is no plea agreement in this matter and sentencing will be contested. The defense is preparing a sentencing memorandum with formal objections to the guideline calculations, but it will not be filed in time to allow for a response by the Government and/or the United States Probation Office.
The parties are requesting that sentencing be continued to allow for a thorough briefing of the issues. It is requested the defense be permitted to file its sentencing memorandum by January 25, 2010, that any response or opposition be filed by February 8, 2010, and that sentencing occur on February 16, 2010.
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).
BENJAMIN B. WAGNER United States Attorney
KAREN A. ESCOBAR Assistant United States Attorney Attorney for Plaintiff
DANIEL J. BRODERICK Federal Defender
ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant MICHAEL McENRY