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United States of America v. and

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


February 9, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
AND ROGER KEITH REMY, DEFENDANT.

The opinion of the court was delivered by: Hon. Oliver W. Wanger

STIPULATION TO EXTEND DATE FOR RESTITUTION HEARING ORDER

Time: 12:00 p.m.

Court: Hon. Oliver W. Wanger

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MARK JOSEPH McKEON, Assistant United States Attorney for Plaintiff, and PATIENCE MILROD, counsel for the Defendant:

1. On August 18, 2010, the Ninth Circuit vacated the restitution order in this case and remanded for reconsideration of the restitution amount.

2. The parties have reached a stipulated agreement as to the total amount of restitution due, and believe we will be able also to reach agreement as to the payment schedule for that restitution amount.

3. In order either to conclude an agreement about the payment schedule, or for the Court to order a payment schedule if agreement is not possible, United States Probation must consider Mr. Remy's assets, income, expenses and debts in order to make a recommendation. Such a recommendation will therefore require that Mr. Remy collect and provide to Probation, and that Probation review and analyze, significant quantities of data.

4. On January 12, 2011, probation officer Tim Mechem received by hand delivery Mr. Remy's financial packet for review.

5. On February 2, 2011, per Mr. Mechem's request, counsel for Mr. Remy provided additional information. Counsel for Mr. Remy also informed Mr. Mechem that she would like to review his report with her client before the hearing and needed to know when such a report would be ready.

6. On February 4, 2011 Mr. Mechem replied and said that he was reviewing all the information and would not write a report until Monday or Tuesday, and also recommended continuing the hearing.

7. Therefore, the parties hereby stipulate to an order continuing the date for the restitution hearing, from February 9, 2011 at 12:00 p.m. to a new date of February 24, 2011 at 12:00 p.m.

Dated: February 8, 2011

PATIENCE MILROD

Attorney for defendant ROGER REMY

Dated: February 8, 2011

United States Attorney LAWRENCE G. BROWN

By MARK JOSEPH McKEON Assistant U.S. Attorney

ORDER ON STIPULATION

Having received and reviewed the stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that the restitution hearing presently set for February 9, 2011 at 12:00 p.m. be and is hereby continued to a new date of February 24, 2011 at 12:00 p.m.

IT IS SO ORDERED.

Dated: February 8, 2011

Oliver W. Wanger UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

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20110209

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