IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 13, 2012
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Judge: Hon. Lawrence J. O'Neill
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 Larry Escobedo
STIPULATION TO CONTINUE SENTENCING HEARING AND ORDER
Date: July 30, 2012
Time: 8:30 a.m.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KIMBERLY A. SANCHEZ, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for Defendant Larry Escobedo, that the date for sentencing may be continued to July 30, 2012, or the soonest date thereafter that is convenient to the court. The date currently set for sentencing is July 23, 2012. The requested new date is July 30, 2012.
The defendant's sentencing memorandum is due on July 16, 2012. The defense is requesting that sentencing be continued for one week because Mr. Escobedo is housed in the Kern County/Lerdo Detention Facility and counsel needs additional time to review the sentencing memorandum with Mr. Escobedo prior to filing. The government does not object to the requested continuance.
The parties agree that the delay resulting from the 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).
IT IS SO ORDERED.
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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