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United States of America v. Jesus Duran

In the United States District Court For the Eastern District of California


October 13, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JESUS DURAN,
DEFENDANT

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

Annette T. Smurr, Esq., SBN 138052 LAW OFFICE OF ANNETTE T. SMURR 2100 Tulare Street, Suite 529 Fresno, California 93721 Telephone: (559) 441-7100 Facsimile: (559) 441-7119

STIPULATION: TO CONTINUE DATE OF SENTENCING AND DUE DATE FOR OBJECTION TO PRESENTENCE INVESTIGATION REPORT; ORDER OF DENIAL TO CONTINUE

Defendant, JESUS DURAN, by and through his attorney of record, ANNETTE T. SMURR, and THE UNITED STATES OF AMERICA, by and through its attorneys of record, BENJAMIN B, WAGNER, United States Attorney, and KATHLEEN A. SERVATIUS, Assistant United States Attorney, hereby enter into the following STIPULATION:

1. The parties to the above-captioned matter agree to vacate the current Sentencing date of October 31, 2011 at 1:30 p.m. and to continue Sentencing to November 21, 2011 at 1:30 p.m.

2. The parties agree to vacate the current filing date of October 21, 2011 for the defendants Objection to the Presentence Investigation Report and to continue that date until November 11, 2011.

Dated this 12TH day of October, 2011

Having read and considered the foregoing STIPULATION

The request is DENIED. Good cause has not been stated on the issue of why The objections were not timely filed. A stipulation itself does not Constitute good cause. Without a good cause declaration, the objections will be deemed waived and the sentencing will go forward as scheduled.

IT IS SO ORDERED.

20111013

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