The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
BENJAMIN B. WAGNER United States Attorney MICHELE BECKWITH Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700
STIPULATION AND [PROPOSED] ORDER TO CONTINUE SENTENCING
This matter was previously assigned to the Honorable Judge William B. Shubb, who accepted the defendant's plea of guilty on September 7, 2010. The defendant was scheduled to be sentenced on November 1, 2010, but the case was ultimately reassigned to this Court before a judgment and sentence were pronounced.
The parties previously requested that this case be placed on the Court's Friday, December 17, 2010 criminal law and motion calendar for sentencing. However, the Ninth Circuit subsequently issued a decision that potentially bears on the guidelines calculations in this case. See United States v. Rivera-Gomez, __ F.3d __, 2010 U.S. App. Lexis 24839 (Dec. 6, 2010). Accordingly, the parties request additional time to brief this issue, and hereby request that the case be placed on the Court's January 21, 2011 calendar.
Dated: December 13, 2010 Respectfully submitted,
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is hereby ordered that the judgment and sentencing presently set for December 17, 2010, be continued to January 21, 2011, at 9:00 a.m.
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