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United States of America v. Enrique Quintero

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


September 21, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ENRIQUE QUINTERO, DEFENDANT.

The opinion of the court was delivered by: Hon. Edward J. Davila

ENRIQUE QUINTERO'S MOTION TO CONTINUE SENTENCING HEARING Date: September 24, 2012 Time: 1:30 p.m. Court: The Hon. Edward J. Davila

Defendant Enrique Quintero, by and through his counsel Michelle D. Spencer hereby 22 requests that the Court continue his sentencing hearing currently scheduled for September 24, 23 2012 until October 1, 2012, October 15, 2012, or some other date convenient for the Court, 24 United States Probation Officer Ben Flores and counsel. 25

In February 2012, during the negotiations of the resolution in this case, the defense 26 was advised that at least one similarly situated co-defendant had received a sentencing 27 recommendation higher than his 20-year stipulated sentence. Ultimately, the parties 28 Enrique Quintero's Mtn to Continue Sentencing Hearing stipulated to a 20-year sentence. However, the final Presentence Report (hereinafter "PSR") 2 which was disclosed on September 10, 2012 contains an advisory guideline range of 188-235 3 months and a sentencing recommendation of 235 months. The sentence recommended in the 4 final PSR is within the advisory guideline range and is 5-months less than the 240-month 5 sentence agreed upon in the plea agreement.

Last week defense counsel contacted Supervising Assistant United States Attorney Jeff Nedrow and Assistant United States Attorney Thomas O'Connell who is assigned to this 8 case to discuss obtaining a guideline range sentence in view of the final PSR. The defense 9 requests a continuance of the sentencing hearing in order to completely discuss this issue with 10 Mr. Nedrow and Mr. O'Connell. 11

Mr. O'Connell advised the defense that he objects to the requested continuance.

CONCLUSION

A continuance of the sentencing hearing in this case would not prejudice the 15 government. We submit that the requested continuance to discuss the guideline sentencing 16 range in the PSR versus the above guideline 20-year sentence in the plea agreement with a 17 supervisor at the United States Attorney's Office is reasonable and necessary particularly in 18 view of the significant length of the potential sentence in this case. 19

Dated: September 17, 2012 Respectfully submitted, 21 /MDS/ Michelle D. Spencer Attorney for Enrique Quintero

IT IS SO ORDERED 25

The Sentencing is continued from September 24, 2012 to October 15, 2012 at 1:30 PM.

United States District Judge

20120921

© 1992-2012 VersusLaw Inc.



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