The opinion of the court was delivered by: The Honorable Maxine M. Chesney United States District Judge
GEOFFREY A. HANSEN Acting Federal Public Defender 2 ELIZABETH M. FALK Assistant Federal Public Defender 3 19th Floor Federal Building 450 Golden Gate Avenue 4 San Francisco, CA 94102 (415) 436-7700 5 Counsel for Defendant CRUZ 6 7 8
STIPULATION AND PROPOSED
ORDER FOR CONTINUANCE OF
SENTENCING DATE; ORDER THEREON
Date: April 25, 2012 Time: 2:15 p.m.
Court: The Honorable Maxine M. Chesney
The parties hereby stipulate and agree as follows: 17
1. Defendant Pedro Humberto Cruz respectfully requests from the Court a continuance of his sentencing date;
2. The reasons for the request is for defense counsel to obtain a signature and 20 approval on a drafted declaration from the defendant's half brother, Adan Lobo.
21 Mr. Lobo has been interviewed with a Spanish speaking interpreter and a 22 substantive declaration has been prepared in support of the defendant's 23 sentencing. Over the last four days, defense counsel has had trouble finding a 24 mutual time in which Mr. Lobo can review and sign the declaration, due to Mr. 25 Lobo's work schedule, transportation issues, and defense counsel's unavailability this upcoming weekend. Sentencing memoranda had been due to this Court on 2 April 20, 2012;
3. Defense counsel now has an appointment to meet Mr. Lobo at his home 4 tomorrow, April 24, 2012. She thus requests a continuance of the sentencing to 5 May 9, 2012 at 2:15 p.m., so defense counsel can present all mitigating evidence 6 to the Court in a timely manner;
4. The Probation Officer, Brian Casai, has been contacted about the change in 8 sentencing date, and has no objection to a sentencing date of May 9, 2012;
5. The United States Attorney's Office has no objection to a continuance of the 10 sentencing date to May 9, 2012 at 2:15 p.m.;
For the reasons stated in the stipulation filed herewith, the sentencing of defendant Ricky Pedro Humberto Cruz Hawkins is hereby continued to May 9, 2012 at 2:15 p.m. 21