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United States v. McEnry

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


February 11, 2010

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: March 1, 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 March 1, 2010, or the soonest date thereafter that is convenient to the court. The date currently set for sentencing is February 16, 2010. The requested new date is March 1, 2010.

There is no plea agreement in this matter and sentencing will be contested. The defense just filed its sentencing memorandum, including numerous legal and factual objections, on today's date. Additional time is requested to allow for a response by the Government and/or the United States Probation Office.

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 DATED: February 9, 2010 KAREN A. ESCOBAR Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender

DATED: February 9, 2010 ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant MICHAEL McENRY

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.

20100211

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