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United States of America v. Jose Gutierrez-Valenzuela

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


April 12, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
JOSE GUTIERREZ-VALENZUELA,
DEFENDANT.

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

DANIEL J. BRODERICK, #89424 Federal Defender MARC DAYS, CA Bar #184098 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant Jose Gutierrez-Valenzuela

STIPULATION TO CONTINUE SENTENCING SCHEDULE AND HEARING; ORDER Date: June 11, 2012 Time: 8:30 A.M.

IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys of record herein, that a new sentencing schedule be set as follows:

Event: Present Date: Requested New Date:

Report Available April 6, 2012 April 27, 2012 Informal Objections Due April 30, 2012 May 21, 2012 Formal Objections Due May 14, 2012 June 4, 2012 Sentencing Hearing May 21, 2012 - 8:30 A.M. June 11, 2012 - 8:30 A.M.

This continuance is requested by counsel for defendant. Defendant is housed at the Lerdo Detention Facility in Bakersfield and additional time was necessary to schedule Defendant's interview with the U.S. Probation Officer. As a result, more time is needed to allow the Probation Officer the necessary time to prepare the Presentence Investigation Report, and the parties will need additional time to communicate and/or file any objections to the report once it has been provided to counsel. Assistant United States Attorney Ian Garriques has no objection to this requested continuance. The requested continuance will provide for the necessary time to prepare and review the Presentence Investigation Report prior to hearing and will conserve time and resources for both counsel and the court.

As this is a sentencing hearing, no exclusion of time is necessary under the Speedy Trial Act.

ORDER

For the reasons set forth above, the continuance requested is granted for good cause.

IT IS SO ORDERED.

Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

20120412

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