The opinion of the court was delivered by: Judge Hon. Lawrence J. O'Neill
STIPULATION TO CONTINUE SENTENCING AND ORDER THEREON Date: May 7, 2010 Time: 9:00 a.m.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KATHLEEN A. SERVATIUS, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for Defendant Samneuk Bunma, that the date for sentencing may be continued to May 7, 2010, or the soonest date thereafter that is convenient to the court. The date currently set for sentencing is April 23, 2010. The requested new date is May 7, 2010.
Mr. Bunma is out of custody. He has entered a plea agreement and is awaiting sentencing. It is anticipated that Mr. Bunma will be remanded at the time of sentencing. A co-defendant in the case, Keoun San, is currently scheduled for sentencing on the requested date of May 7, 2010.
Mr. Bunma has been out of custody throughout the extended proceedings in this matter. He has had no problems while on pre-trial supervision. Mr. Bunma, his wife, and their seven month old daughter have been sharing a residence with relatives who are relocating. After Bunma is incarcerated, his wife will not be afford the rent on her own. Mr. Bunma is requesting a short continuance to allow him to help his wife and daughter move to a new residence at the end of the month.
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)(8)(B)(iv). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendants in a speedy trial.
The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv).
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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