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United States of America v. Sergio Victor Garcia

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


August 31, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
SERGIO VICTOR GARCIA,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Lawrence J. O'Neill

DANIEL J. BRODERICK, #89424 Federal Defender MELODY M. WALCOTT, Bar #219930 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant SERGIO VICTOR GARCIA

Date: September 23, 2011 Time: 9:00 A.M.

STIPULATION TO CONTINUE SENTENCING HEARING ; ORDER

IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys of record herein, that the sentencing hearing in the above-captioned matter now set for September 2, 2011 may be continued to September 23, 2011 at 9:00 A.M. This continuance is requested by counsel for defendant. The recent case decided by the Ninth Circuit Court of Appeals on August 11, 2011, U.S.A. v. Aguila-Montes, may impact the prior conviction decision in this matter. Counsel needs additional time to file a supplemental sentencing memorandum on defendant's behalf and the government will, no doubt, need time to respond. The requested continuance will serve the ends of justice and result in economic use of time and resources, and will conserve time and resources for all parties and the court. Assistant United States Attorney Yasin Mohammad has no objection to this request.

Because this is a sentencing hearing, no exclusion of time waiver is need for the period of time set forth herein Respectfully submitted,

ORDER

Good cause exists. The request is granted.

IT IS SO ORDERED.

Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

b9ed48

20110831

© 1992-2011 VersusLaw Inc.



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