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United States v. Porcayo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 26, 2010

UNITED STATES OF AMERICA PLAINTIFF,
v.
LUCIANO PORCAYO, ET. AL., DEFENDANTS.

The opinion of the court was delivered by: Edward J. Garcia, Judge United States District Court

STIPULATION AND [PROPOSED]ORDER CONTINUING SENTENCING HEARING AND ADOPTING NEW SCHEDULE FOR DISCLOSURE OF SENTENCING REPORT AND OBJECTIONS

Stipulation

The government and the defendant, Luciano Porcayo, through undersigned counsel, stipulate and request that the sentencing hearing scheduled for May 21, 2010, at 10:00 a.m. may be continued to June 25, 2010, at 10:00 a.m. and that the Court order the following schedule for disclosure of the pre-sentence report and the objects thereto:

Disclosure of draft pre-sentence report May 14, 2010 Written objections to draft PSR May 28, 2010 Filing and disclosure of PSR June 4, 2010 Motion for corrections of PSR June 11, 2010 Reply or statement of non-opposition June 18, 2010.

The request for the continuance of the hearing and the new schedule regarding the sentencing report is made by the defense. Although the pre-sentence interview has already taken place, defense counsel has an important family occasion conflicting with the current sentencing date and would also request additional time to prepare for sentencing. The continuance is necessary to give the defense sufficient time to prepare for sentencing. Mr. Porcayo is out of custody on bond and is not opposed to the continuance of the sentencing.

DATED: March 25, 2010

ORDER

GOOD CAUSE APPEARING, IT IS SO ORDERED.

20100326

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