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United States v. Cervantes

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


April 8, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ELY CERVANTES, DEFENDANT.

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

STIPULATION TO CONTINUE SENTENCING AND ORDER THEREON

Date: April 26, 2010

Time: 9:00 a.m.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KIMBERLY A. SANCHEZ, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for Defendant Ely Cervantes, that the date for sentencing may be continued to April 26, 2010, or the soonest date thereafter that is convenient to the court. The date currently set for sentencing is April 12, 2010. The requested new date is April 26, 2010. The continuance is requested to allow for continuity of counsel, as defense counsel will be out of the office on the currently scheduled sentencing date of April 12, 2010.

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: April 8, 2010

KIMBERLY A. SANCHEZ Assistant United States Attorney Attorney for Plaintiff

DANIEL J. BRODERICK Federal Defender

DATED: April 8, 2010

ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant Ely Cervantes

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

20100408

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