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United States v. Smith

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 28, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ALAN COURTNEY SMITH, DEFENDANT.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

STIPULATION TO CONTINUE SENTENCING HEARING AND BRIEFING DEADLINES UNDERLYING SAME; ORDER Date: July 19, 2010 Time: 9:00 a.m. Ctrm: 2

Hon. Anthony W. Ishii

IT IS HEREBY STIPULATED by and between the parties hereto, by and through their respective attorneys of record, that the Sentencing Hearing regarding this matter may be continued from 9:00 a.m., Monday, June 7, 2010 to 9:00 a.m., Monday, July 19, 2010.

The parties further agree that the following deadlines underlying the above sentencing hearing likewise be extended as follows: (1) U.S. Probation's Presentence Investigation Report ("PSR") available to defense counsel by Monday, June 7, 2010; (2) defendant's informal objections to the PSR due to U.S. Probation and the U.S. Attorney's Office by Monday, June 21, 2010; and (3) defendant's formal objections to the PSR filed with the court and served on U.S. Probation and the U.S. Attorney's Office by Friday, July 2, 2010.

This stipulation is based on good cause. Specifically, Fresno County Sheriff's Sergeant Kevin Wiens, who was the forensic examiner of any computers and external storage media relevant to this case, is currently on medical leave due to an injury and is not due to return to work until May 2010. Counsel for the United States understands U.S. Probation would like to discuss various aspects of this case with Sgt. Wiens prior to finalizing his report, and is unable to do so until Sgt. Wiens returns to duty. This stipulated continuance will therefore conserve time and resources for both parties and the court.

ORDER

IT IS SO ORDERED.

20100428

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