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United States v. Devries

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO


October 15, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MARK CHARLES DEVRIES, DEFENDANT.

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

STIPULATION FOR CONTINUANCE OF SENTENCING HEARING AND ORDER THEREON

IT IS HEREBY STIPULATED between the Defendant, MARK CHARLES DEVRIES, by and through his attorney of record, Anthony P. Capozzi, and Plaintiff, by and through Assistant United States Attorney Mark McKeon that the Sentencing Hearing now set to begin on Monday, October 18, 2010, at 1:30 p.m. be continued to Monday, November 22, 2010 at 1:30 p.m.

This request is made to allow time to gather additional information on behalf of both sides of this matter.

It is further stipulated by the parties that any delay resulting from this continuance shall be excluded on the following basis:

1. Title 18, United States Code, Section 3161(h)(7)(A) -- that the ends of justice served by taking such action outweighs the best interest of the public and the defendant in a speedy trial;

2. Title 18, United States Code, Section 3161(h)(7)(ii) -- that it is unreasonable to expect adequate preparation for pre-trial proceedings or for the trial itself with the time limits established due to the complexity of the case.

Respectfully submitted,

Dated: October 14, 2010

Anthony P. Capozzi, Attorney for Defendant, Mark Charles DeVries

Dated: October 14, 2010

Mark McKeon, Assistant U.S. Attorney

ORDER

IT IS SO ORDERED. Good cause having been shown, the Sentencing Hearing now scheduled to begin on Monday, October 18, 2010 is vacated and is now scheduled to begin on Monday, November 22, 2010 at 1:30 p.m.

20101015

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