DANIEL J. BRODERICK, Bar# 89424 Federal Defender LEXI NEGIN, Bar# 250376 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone (916) 498-5700 Attorney for Defendant DAMION LAMONT HARRIS
STIPULATION AND [PROPOSED] ORDER VACATING SENTENCING DATE AND SETTING HEARING FOR WITHDRAWAL OF PLEA AND CHANGE OF PLEA
It is hereby stipulated and agreed to between the United States of America through William Wong, Assistant U.S. Attorney, and defendant, DAMION LAMONT HARRIS by and through his counsel, Lexi Negin, Assistant Federal Defender that the sentencing hearing set for February 28, 2011, be vacated. It is further stipulated and agreed between the parties that the case should be scheduled on March 14, 2011, at 8:30 a.m. At that time Mr. Harris intends to move to withdraw his guilty plea pursuant to Federal Rule of Criminal Procedure 11(d), and enter a new guilty plea pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C).
A proposed order is attached and lodged separately for the court's convenience.
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, Plaintiff, v. DAMION LAMONT HARRIS, Defendants.
ORDER VACATING SENTENCING DATE AND SETTING HEARING FOR WITHDRAWAL OF PLEA AND CHANGE OF PLEA
For the reasons set forth in the stipulation of the parties, filed on February 24, 2011, IT IS HEREBY ORDERED that the sentencing hearing currently scheduled for February 28, 2011, be vacated and that the case be set for Monday, March 14, 2011, at 8:30 a.m. for a hearing on defendant Harris' motion to withdraw his present guilty plea pursuant to FRCP 11(d) and to enter a new written plea agreement in accordance with FRCP 11(c)(1)(C).
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