The opinion of the court was delivered by: Judge: Honorable Anthony W. Ishii
DANIEL J. BRODERICK, Bar #89424 Federal Defender ERIC V. KERSTEN, Bar #226429 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant MATTHEW PATRICK SCHORR
Date: January 18, 2011 ,Time: 9:00 a.m.
STIPULATION TO ADVANCE STATUS CONFERENCE AND ORDER THEREON
It is hereby stipulated by and among the parties that the status conference in the above-entitled matter, now set for January 24, 2011, may be advanced to January 18, 2011, at 9:00 a.m., or the soonest date thereafter that is convenient to the Court.
Defendant Matthew Patrick Schorr was originally charged with possession of child pornography between April 17 and April 24, 2009, by indictment dated July 16, 2009. The matter is currently set for trial on February 8, 2011.
On January 6, 2011, the government filed a superceding indictment which contains a second count charging that Mr. Schorr also received and distributed child pornography between approximately February 6, 2002 and April 15, 2009. Mr. Schorr's trial strategy for the receipt and distribution charge will differ from his strategy for possession charge. In addition, the relevant time frame for the possession charge is only one week, while the relevant time frame for the receipt and distribution charge is more than seven years. The penalties for the receipt and distribution charge are also substantially more severe than those for the possession charge. For these reasons, Mr Schorr will be requesting that the February 8, 2011 trial date be vacated and or continued to allow for additional defense investigation and preparation.
AUSA Brian W. Enos has no objection to the request that the status conference be advanced. The parties agree that advancing the hearing date in this matter will further the ends of justice.
CHIEF UNITED STATES DISTRICT JUDGE
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