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United States of America v. Ruben Garcia

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


December 17, 2010

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

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

Date: February 18, 2011 Time: 8:45 a.m.

STIPULATION TO CONTINUE SENTENCING SCHEDULE AND HEARING;

[PROPOSED] ORDER

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: The preliminary report shall be due January 7, 2011, the informal objections to the Presentence Investigation Report shall be due January 21, 2011; the formal objections shall be due February 4, 2011; and that the sentencing hearing now scheduled for January 28, 2011, shall be continued to February 18, 2011, at 8:45 a.m.

Mr. Garcia has been interviewed by the case agent for purposes of assessing his eligibility for safety valve consideration pursuant to USSG 2D1.1(b)(11). The probation officer has not yet received the information from the agent regarding his assessment of Mr. Garcia's interview. The additional time would allow the probation officer to include that assessment in a revised report for the Court's consideration.

Respectfully submitted, BENJAMIN B. WAGNER, United States Attorney

DATED: December 17, 2010

Laurel J. Montoya

LAUREL J. MONTOYA Assistant U.S. Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender

DATED: December 17, 2010

Rachel W. Hill

RACHEL W. HILL Assistant Federal Defender Attorney for Defendant RUBEN GARCIA

ORDER

GOOD CAUSE EXISTS DUE TO THE MISSING INFORMATION THAT WOULD BENEFIT THE PROBATION REPORT.

IT IS SO ORDERED.

Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

Stipulation to Continue Sentencing Hearing;

20101217

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