IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 27, 2012
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Judge: Hon. Anthony W. Ishii
STIPULATION TO CONTINUE SENTENCING HEARING AND ORDER THEREON Date: October 9, 2012 Time: 10:00 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 Eugene Moore, that the date for sentencing may be continued to October 9, 2012, or the soonest date thereafter that is convenient to the court. The date currently set for sentencing is October 1, 2012. The requested new date is October 9, 2012. It is further requested that the parties be given until October 2, 2012 to file any responses or other sentencing memoranda.
On September 12, 2012, the parties filed a stipulation to continue sentencing to allow time for the government and/or the United States Probation Office to respond to Mr. Moore's sentencing memorandum. The parties agreed to request that sentencing be continued to October 9, 2012. However, through inadvertence and mistake, the defense prepared a stipulation which requested that sentencing be continued to October 1, 2012, rather than October 9, 2012. It is requested that this continuance be to allow time for sentencing to occur, and memoranda to be filed, on the dates anticipated by the parties.
The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective 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.
BENJAMIN B. WAGNER United States Attorney DATED: September 27, 2012 By /s/ Kimberly A. Sanchez KIMBERLY A. SANCHEZ Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender DATED: September 27, 2012 By /s/ Eric V. Kersten ERIC V. KERSTEN
Assistant Federal Defender Attorney for Defendant Eugene Moore
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.
CHIEF UNITED STATES DISTRICT JUDGE
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