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United States v. Garcia

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


November 23, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RUBEN GARCIA, DEFENDANT.

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

STIPULATION TO CONTINUE SENTENCING SCHEDULE AND HEARING; ORDER

Date: January 28, 2011

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, LAUREL J. MONTOYA, Assistant United States Attorney, counsel for Plaintiff, and RACHEL HILL, Assistant Federal Defender, counsel for Defendant, RUBEN GARCIA, that the sentencing schedule in the above-referenced matter be revised as follows: Informal objections to the Presentence Investigation Report shall be due December 31, 2010; the formal objections shall be due January 14, 2011; and that the sentencing hearing now scheduled for December 17, 2010, shall be continued to January 28, 2011, at 8:45 a.m.

The reason for the requested continuance is that it is necessary to allow the probation officer the ability to adequately address potential eligibility for a sentence below the statutory minimum pursuant to USSG 2D1.1(b)(11).

In that regard, Mr. Garcia is scheduled to be interviewed by the Government; however, the interview is after the date currently set for final objection to the PSR.

ORDER

IT IS SO ORDERED.

Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

20101123

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