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United States v. Santamaria-Lopez

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


May 13, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ELIGIO SANTAMARIA-LOPEZ, DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

STIPULATION TO CONTINUE SENTENCING HEARING AND ORDER

It is hereby stipulated by and between the parties hereto, through their respective attorneys of record, that the sentencing hearing in the above-entitled matter currently scheduled for May 17, 2010, be continued until June 21, 1020. The reason for the continuance is that defense counsel recently received the court documents concerning the defendant's 1998 state court conviction and time is needed to analyze the proceeding and to determine whether it is open to attack. The validity of the prior conviction is a pivotal element in the determination of the defendant's sentence.

Dated: May 12, 2010

BENJAMIN B. WAGNER United States Attorney

KATHLEEN SERVATIUS Assistant U.S. Attorney

ORDER:

Based upon the stipulation of the parties and good cause appearing, it is hereby

ORDERED that the defendant's sentencing hearing be continued from May 17, 2010 to June 21, 2010 at 9:00 am.

IT IS SO ORDERED.

20100513

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