IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 5, 2011
UNITED STATES OF AMERICA,
LOUIE GARCIA AGUILAR,
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
DANIEL J. BRODERICK, Bar #89424 Federal Defender ERIC V. KERSTEN, Bar #226429 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant Louie Garcia Aguilar
STIPULATION TO CONTINUE DISPOSITION
AND CONDITIONAL ORDER
Date: November 4, 2011
Time: 8:45 a.m.
Judge: Hon. Lawrence J. O'Neill
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, JEREMY R. JEHANGIRI, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant, Louie Garcia Aguilar, that the date for disposition may be continued to November 4, 2011, or the soonest date thereafter that is convenient to the court. The date currently set for disposition is October 7, 2011. The requested new date is November 4, 2011, at 8:45 a.m.
The defense received the Dispositional Memorandum prepared by the United States Probation Office on October 3, 2011*fn1 . Mr. Aguilar committed a grade C violation of his supervised release. Pursuant to Chapter 7 of the Advisory Sentencing Guideline, the recommended range for this violation is a term of 3 to 9 months. However, the probation office is recommending the statutory maximum term of 24 months. Given this recommendation, the defense needs additional time to conduct investigation and prepare a sentencing memorandum.
The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective defense preparation, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendants in a speedy trial.
ORDER The Court will grant this request CONDITIONED on its not affecting any victim who had planned to speak at the sentencing. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
Stipulation to Continue Sentencing and Order