The opinion of the court was delivered by: Ronald M. Whyte United States District Court Judge
BERNDT INGO BRAUER ATTORNEY AT LAW STATE BAR NO. 96699 111 WEST ST. JOHN STREET SUITE 555 SAN JOSE, CA 95113 TEL: (408) 275-1290 FAX: (408) 275-1396 Attorney for Defendant JOSE LUIS GARCIA-VALADEZ
STIPULATION AND ORDER CONTINUING SENTENCING HEARING FROM MAY 16, 2011 TO AUGUST 22, 2011 AND CHANGING THE BRIEFING SCHEDULE
The Parties, Luis Jose Garcia-Valadez and the United States, acting through respective 19 counsel, hereby stipulate, subject to the Court's approval, that the Motion to Vacate the Plea 20 pursuant to hearing currently set for May 16, 2011 at 9:00 a.m. be vacated, and that the hearing be 21 re-set for August 22, 2011 at 9:00 a.m.
On October 19, 2010, Mr. Garcia-Valadez entered a plea of guilty to violating 8 U.S.C. §1326, 23 re-entry following deportation, pursuant to a plea agreement. On January 23, 2011, Mr. Garcia- Valadez filed a motion to withdraw his plea. On March 7, 2011, this Court signed the Order 25 granting Mr. Garcia-Valadez's application to substitute attorney Berndt Ingo Brauer as his new 26 counsel of record.
Mr. Garcia-Valadez's immigration attorney has requested documents pertaining to a prior 28 matter from 1980. However, due to the age of the file, it will take up to three months to obtain these documents. On April 20, 2011, counsel for both parties agreed to continue the deadline to 2 submit defendant's Motion to Withdraw Plea from April 25, 2011 to July 20, 2011. The parties 3 also agreed to request a continuance of the hearing date set for the motion from May 16, 2011 to August 22, 2011.
The parties, thereby, jointly request that the motion hearing be reset for August 22, 2011 and 6 further request that the deadline for filing the motion by defense counsel for Mr. Garcia-Valadez 7 be extended to July 20, 2011 and the deadline for a government response be extended to July 27, 2011.
Based upon the stipulation of the parties, and for good cause shown, the Court HEREBY ORDERS that the hearing in this matter previously set for May 16, 2011 at 9:00 a.m. is vacated, 4 and the matter is continued to August 22, 2011 at 9:00 a.m. Further, the Court ORDERS that any 5 subsequent motions from Mr. Garcia-Valadez relating to the hearing be filed by July 20, 2011 and 6 any response from the government be filed by July 27, 2011.