IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 16, 2011
IN AND FOR THE UNITED STATES,
PEDRO MARTINEZ-MURILLO, DEFENDANT.
The opinion of the court was delivered by: Lawrence J. O'neill Judge United States District Court Eastern District of California
STIPULATION TO CONTINUE HEARING AND ORDER THEREON COURT DENIED ORDER
IT IS HEREBY STIPULATED by and between the partieshereto, and through their representatives, that the hearing currently set for February 18, 2011 be continued to February 25, 2011 at 9:00 a.m.
The request is being made to allow the defense time to review the pre-plea advisory guideline pre-sentence investigation report with defendant Martinez- Murillo prior to the hearing. The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to the need for further defense preparation pursuant to 18 U.S.C. §3161(h)(8)(A).
Dated: February 16, 2011 Respectfully submitted, /s/Carolyn Phillips CAROLYN PHILLIPS Attorney for Defendant Pedro Martinez-Murillo Dated: February 16, 2011 BENJAMIN B. WAGNER United States Attorney By: /s/ Susan Phan SUSAN PHAN Assistant United States Attorney Attorney for the United States
ORDER CONTINUING HEARING DATE
The facts needed to establish the Good Cause required under law for the continuance have not been stated. Specifically, the reasons that the pre-plea advisory guideline pre-sentence investigation report was not (and now can not be) reviewed before Friday with the Defendant are absent Continuance request is denied.
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