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United States v. Fierros

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


March 22, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JAMMIE NICHOL FIERROS, DEFENDANT.

The opinion of the court was delivered by: Lawrence J. O'neill, Judge United States District Court

STIPULATION TO CONTINUE SENTENCING SCHEDULE AND SENTENCING HEARING; ORDER Date: May 14, 2010 Time: 9:00 A.M.

Hon. Lawrence J. O'Neill

IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys of record herein, that a new sentencing schedule be set as follows:

Event: Present Date: Requested New Date:

Report Available February 26, 2010 April 9, 2010 Informal Objections Due March 12, 2010 April 23, 2010 Formal Objections Due March 26, 2010 May 7, 2010 Sentencing Hearing April 2, 2010 - 9:00 A.M. May 14, 2010 - 9:00 A.M.

Defendant Fierros has entered into a plea agreement which allows the government to withdraw from the agreement should the co-defendants not resolve their cases. The government has indicated it would notify the defense of its intention as to whether to proceed with the plea agreement after March 19, 2010. As a result, the defendant has not been interviewed by probation. For the reasons stated above, the defense requests a continuance. The requested continuance will conserve time and resources for both counsel and the court.

The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to, the need for the period of time set forth herein for further defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B) in that the ends of justice will be served by a continuance.

ORDER

IT IS SO ORDERED. Time is excluded in the interests of justice pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B). The request to continue the sentencing is GRANTED.

20100322

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