IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 15, 2012
UNITED STATES OF AMERICA,
MICHAEL ROSS THOMAS,
The opinion of the court was delivered by: Honorable Lawrence J. O'neill
JOHN F. GARLAND #117554 Attorney at Law 1713 Tulare Street, Suite 221 Fresno, California 93721 Telephone: (559) 497-6132 Facsimile: (559) 445-0156 Attorney for Defendant, MICHAEL ROSS THOMAS
DATE: May 7, 2012
TIME: 8:30 a.m.
STIPULATION TO CONTINUE SENTENCING HEARING
AND ORDER THEREON
Defendant, MICHAEL ROSS THOMAS, through his counsel, John F. Garland and the United States of America, through its counsel, Benjamin B. Wagner, United States Attorney and Kathleen A. Servatius, Assistant United States Attorney, hereby stipulate to continue the defendant's sentencing hearing from April 2, 2012 to May 7, 2012 at 8:30 a.m. This continuance is necessary to allow the parties sufficient time to prepare, review and execute a plea agreement and enter a change of plea in the related case number 1:12-CR-00020 LJO. The agreement between the parties provides for the sentencing in the instant case and the related case to be held at the same hearing. Due to the anticipate change of plea in the related case, to date the defendant has not been interviewed by the United States Probation Officer for the preparation of the Presentence Investigation Report. The parties believe the Presentence Investigation Report(s) relating to both cases will be completed in a timely manner prior to the continued sentencing hearing date requested.
The parties further stipulate that any delay resulting from this continuance shall be excluded on the following basis:
a. Title 18 United States Code Section 3161(h)(8)(A) - that the ends of justice served by taking such action outweighs the best interest of the public and the defendant in a speedy trial.
GOOD CAUSE APPEARING, based on the stipulation of the parties, the sentencing hearing for defendant MICHAEL ROSS THOMAS is continued to May 7, 2012 at 8:30 a.m.
IT IS SO ORDERED.
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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