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United States v. Maldonado

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


March 18, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
AMADO MALDONADO, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Oliver W. Wanger

STIPULATION TO CONTINUE SENTENCING AND ORDER THEREON

Date: March 29, 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, Amado Maldonado, that the date for sentencing in this matter may be continued to March 29, 2010, or the soonest date thereafter that is convenient to the court. The date currently set for sentencing is March 22, 2010. The requested new date is March 29, 2010.

Defense counsel is completing Mr. Maldonado's sentencing memorandum and it will be filed on today's date. The sentencing memorandum will include legal objections to the PSR guideline calculations. It will also request a downward variance pursuant to 18 U.S.C. § 3553. Because of the late filing, the government will need additional time to respond to the memorandum prior to sentencing. For this reason the parties agree that a continuance of the sentencing date for Mr. Maldonado is appropriate.

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).

DATED: March 18, 2010

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.

Oliver W. Wanger UNITED STATES DISTRICT JUDGE

20100318

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