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United States of America v. Brian Robert Garrett

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


May 9, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
BRIAN ROBERT GARRETT,
DEFENDANT.

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

BENJAMIN B. WAGNER United States Attorney DAVID L. GAPPA Assistant U.S. Attorney 2500 Tulare Street, Suite 4401 Fresno, California 9372l Telephone: (559) 497-4000 Attorneys for the United States of America

STIPULATION AND PROPOSED ORDER TO ADVANCE SENTENCING DATE

DATE: May 16, 2011 TIME: 1:30 p.m. PLACE: Courtroom Three

The parties have agreed to advance the sentencing hearing in this case by one week from May 23, 2011, to May 16, 2011. The reason for the request is primarily government counsel's inability to be present on the currently-scheduled date of May 23, 2011. Government counsel has had two other sentencings advanced to May 16, 2011 (by agreement of court and counsel), and will be able to return from his temporary assignment in Washington, D.C. to cover those sentencings (in conjunction with other business away from Fresno related to the temporary assignment). It is not feasible to return to Fresno again on May 23, 2011. The requested new date is still ten weeks from the change of plea, and that is the customary time frame between conviction and sentencing.

This case has an extended history with complicated negotiations, and it does not lend itself to transfer to a new prosecutor. For instance, the defendant has agreed to pay a substantial amount of restitution, and there are details related to receipt and designation of that payment, before and after the sentencing, that are best done by undersigned counsel. On the other hand, the parties -- through their extensive negotiations -have fashioned what they believe to be an overall reasonble sentence, so they believe that the sentencing hearing, if the court accepts the recommendations of the parties, can be accomplished with relatively little impact on court resources. Government counsel was told that the court's calendar is overbooked for the requested date, but it appears that only five items are currently on the 1:30 p.m. calendar. It is requested that this case be added to that calendar.

Respectfully submitted,

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

UNITED STATES OF AMERICA, Plaintiff, v. BRIAN ROBERT GARRETT, Defendant.

CR-F-10-00213 OWW

ORDER ON STIPULATION TO ADVANCE SENTENCING DATE

DATE: May 16, 2011 TIME: 1:30 p.m.

PLACE: Courtroom Three

HON: Oliver W. Wanger

ORDER

For the reasons outlined in the stipulation of the parties filed on May 8, 2011, the sentencing is advanced to May 16, 2011, at 1:30 p.m.

IT IS SO ORDERED.

Oliver W. Wanger UNITED STATES DISTRICT JUDGE

emm0d6

20110509

© 1992-2011 VersusLaw Inc.



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