The opinion of the court was delivered by: Hon. Edward J. Garcia
BENJAMIN B. WAGNER United States Attorney PHILIP A. FERRARI Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2744
STIPULATED REQUEST FOR CONTINUANCE OF HEARING ON JUDGMENT AND SENTENCE; and ORDER
The United States of America through Philip Ferrari, Assistant United States Attorney, and defendant Dino Rosetti, by and through his counsel Mark Reichel, Esq., hereby request that the hearing on judgment and sentence currently set for June 29, 2012, be vacated and reset for August 24, 2012, at 10:00 a.m.
The government is seeking this continuance for two reasons. First, the loss amount noted in Mr. Rosetti's Advisory Guideline Presentence Investigation Report differs from that noted in the PSR prepared for co-defendant Derek Davis. Compare, Rosetti PSR, ¶ 25, and Davis PSR, ¶ 35. Although the government failed to timely raise the issue with the Probation Officer assigned to Mr. Rosetti's PSR, it believes that the Guideline loss amount in both cases should be the same. It is the government's position that both PSRs should accurately reflect the loss, and that counsel for Mr. Rosetti should have the opportunity to respond to the actual loss figure. The second reason for the requested continuance is that while the victim financial institutions have been contacted in this case, it appears they may not have been provided sufficient information to enable the submission of a restitution claim.
The loss and restitution figures relevant to Mr. Rosetti will be similar (and in some cases identical) to the figures relevant to co-defendants Davis and Badie. Mr. Davis and Mr. Badie are both currently set to be sentenced on August 24, 2012. The government requests that Mr. Rosetti's hearing on judgment and sentence be set for the same day. Mr. Rosetti joins in this request.
Based upon the foregoing, IT IS HEREBY ORDERED that:
1. The hearing on judgment and sentence in the above-referenced matter, previously set for June 29, 2012, is hereby vacated and continued to August 24, 2012, at 10:00 A.M.; and
2. The Court adopts the following sentencing schedule:
Judgment and Sentencing Date: 08/24/2012 Reply, or Statement of Non-Opposition: 08/17/2012 Motion For Correction of PSR: 08/10/2012 PSR Shall be Filed: 08/03/2012 Informal Objections Re: Loss Due: 07/27/2012
EDWARD J. GARCIA DISTRICT COURT JUDGE
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