UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
December 6, 2012
UNITED STATES OF AMERICA,
YVONNE LEAH CHAVEZ, ET AL.
The opinion of the court was delivered by: Hon. Edward J. Davila United States District Judge
Michael W. Armstrong (SBN 87799) NOLAN, ARMSTRONG & BARTON, LLP 2 600 University Avenue Palo Alto, California 94301 3 650/326-2980 -- Telephone 650/326-9704 -- Facsimile 4 firstname.lastname@example.org 5 Counsel for Defendant Yvonne Chavez 6 7
STIPULATION AND [PROPOSED] ORDER CONTINUING SENTENCING HEARING XXXXXXXX
Defendant Yvonne Leah Chavez, by and through her attorney Michael W. Armstrong, 19 and the United States, by and through Assistant United States Attorney Thomas O'Connell, 20 hereby agree and stipulate to continue the sentencing hearing now scheduled for December 10, 21 2012, at 1:30 p.m., to January 7, 2013, at 1:30 p.m. before the Honorable Edward J. Davila. 22
The parties so stipulate and request this extension because defendant's attorney, having 23 received the presentence report on November 26, 2012 from Probation Officer Benjamin Flores, 24 requires more time in which to adequately prepare his response. Probation Officer Benjamin 25 Flores has been consulted about this extension and has agreed to this request.
The parties agree that the time from December 10, 2012 through January 7, 2013 is 2 properly excluded pursuant to the Speedy Trial Act, Title 18 United States Code, sections 3 3161(h)(7)(A) and 3161(h)(7)(B)(iv) in the interests of justice.
IT IS SO STIPULATED.
PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that the
hearing currently set for December 10, 2012, is continued to January
7, 2013, at 1:30 p.m. For 4 the reasons stated above, the Court
further finds that the ends of justice served by granting the 5
requested continuance outweigh the best interests of the public and
the defendant in a speedy 6 trial, pursuant to 18 U.S.C. §
3161(h)(7)(A) and 3161(h)(8)(7)(iv). Accordingly, time shall be 7
excluded from December 10, 2012 through January 7, 2013. 8
IT IS SO ORDERED. 9
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