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United States v. Miller

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 7, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
STEVEN RAY MILLER, DEFENDANT.

The opinion of the court was delivered by: Hon. Lawrence J. O'Neill

STIPULATION TO CONTINUE SENTENCING HEARING AND BRIEFING DEADLINES UNDERLYING SAME; ORDER

Date: November 12, 2010

Ctrm: 4

THE PARTIES TO THIS ACTION HEREBY STIPULATE, by and through their respective attorneys of record, that the Sentencing Hearing regarding this matter may be continued from 8:00 a.m. on Friday, October 15, 2010 to 1:30 p.m. on Friday, November 12, 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 Friday, October 8, 2010; (2) defendant's informal objections to the PSR, if any, due to U.S. Probation and the U.S. Attorney's Office by Friday, October 22, 2010; and (3) defendant's formal objections to the PSR, if any, filed with the court and served on U.S. Probation and the U.S. Attorney's Office by Friday, November 5, 2010.

This stipulation is based on good cause. Specifically, Tulare County District Attorney's Office Investigator Brandon Hall, who is the lead investigator regarding this case, has been out of state for (what counsel for the United States understands to be) the past two weeks and is not scheduled to return to the office until Tuesday, September 7, 2010. Counsel for the United States further understands U.S. Probation would like to discuss various aspects of this case with Investigator Hall prior to finalizing his report, and is unable to do so until he returns to the office. In addition, this matter involves sensitive and relatively complex aggravating and mitigating matters worthy of careful analysis and consideration prior to the report's issuance. This stipulated continuance will therefore conserve time and resources for both parties and the court, and enable everyone to properly prepare for this matter's sentencing.

Dated: September 3, 2010

ORDER

Good Cause exists for the continuance, as outlined in the stipulation. The requested continuance is therefore granted.

IT IS SO ORDERED.

Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

20100907

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