The opinion of the court was delivered by: Judge: Hon. Anthony W. Ishii
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 Eliodoro Guzman-Arreguin
STIPULATION TO CONTINUE SENTENCING
HEARING AND ORDER
Date: May 21, 2012 Time: 10:00 a.m.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, IAN A. GARRIQUES, Assistant United States Attorney, counsel for plaintiff, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant, Eliodoro Guzman-Arreguin, that the date for sentencing may be continued to May 21, 2012, or the soonest date thereafter that is convenient to the court. The date currently set for sentencing is May 7, 2012. The requested new date is May 21, 2012, at 10:00 a.m.
Defense counsel just received paperwork which indicates that Mr. Arreguin did not commit an offense for which he is receiving criminal history points. If it is established that Arreguin did not commit this offense, it will result in a reduction of Arreguin's criminal history category and sentencing guideline range. A short continuance is requested to allow time to clarify the issue prior to sentencing.
The parties agree that the delay resulting from the requested 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 IT IS SO ORDERED. 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).
CHIEF UNITED STATES DISTRICT JUDGE
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