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United States of America v. Yvonne Leah Chavez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


November 2, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
YVONNE LEAH CHAVEZ, ET AL.
DEFENDANTS.

The opinion of the court was delivered by: Hon. Edward J. Davila United States District Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING SENTENCING HEARING XXXXXXXX

STIPULATION

Defendant Yvonne Leah Chavez, by and through her attorney Michael W. Armstrong, and the United States, by and through Assistant United States Attorney Thomas O'Connell, hereby agree and stipulate to continue the sentencing hearing now scheduled for November 5, 2012, at 1:30 p.m., to December 10, 2012, at 1:30 p.m. before the Honorable Edward J. Davila. The parties so stipulate and request this extension because the probation officer, Benjamin Flores, requires more time in which to prepare his presentence report in this matter.

Once provided with Mr. Flores' report, both parties will need adequate time in which to review 25 the report and make their objections and changes if necessary.

The parties agree that the time between November 5, 2012 through December 10, 2012 is properly excluded pursuant to the Speedy Trial Act, Title 18 United States Code, sections 3161(h)(7)(A) and 3161(h)(7)(B)(iv) in the interests of justice.

IT IS SO STIPULATED. Date: October 31, 2012 /S/ Michael W. Armstrong Attorney for Defendant YVONNE CHAVEZ Date: October 31, 2012 /S/ 9 Thomas M. O'Connell Assistant United States Attorney

ORDER

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that the sentencing hearing currently set for November 5, 2012, is continued to December 10, 2012, at 1:30 p.m. For the reasons stated above, the Court further finds that the ends of justice served by granting the requested continuance outweigh the best interests of the public and the defendant in a speedy trial, pursuant to 18 U.S.C. § 3161(h)(7)(A) and 3161(h)(8)(7)(iv). Accordingly, time shall be excluded from November 5, 2012 through December 10, 2012.

IT IS SO ORDERED.

20121102

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