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United States of America v. andrew Blueford

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


January 8, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
ANDREW BLUEFORD,
DEFENDANT.

The opinion of the court was delivered by: The Honorable Susan Illston United States District Court Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING SENTENCING Date: January 11, 2013 Time: 11:00 a.m. 13 Court: The Honorable Susan Illston

STIPULATION

The parties agree to continue the sentencing in the above-captioned matter from January 11, 18 2013 until February 1, 2013 at 11:00 a.m. The purpose of the continuance is to enable defense 19 counsel to obtain records that are now under subpoena from GEOCARE, the facility at which the 20 defendant was treated for the last year of his parole prior to release. Per the Court's subpoena, 21 GEOCARE records related to Mr. Blueford were ordered to be returned to the Court by December 22 20, 2012. To date, GEOCARE has not complied with the subpoena to defense counsel's knowledge, 23 as she has not received information from Court staff that documents were delivered, and recent 24 efforts to contact GEOCARE by counsel's investigator have gone unanswered. 25

In defense counsel's estimation, these records are necessary and important to this Court's 26 determination regarding sentencing. It is counsel's understanding that Mr. Blueford was performing successfully on parole while residing at GEOCARE and participating in programming there, and counsel is attempting to use the records to determine what factors assisted Mr. Blueford succeed on 2 supervision for a lengthy period of time. Both the government and the Probation Officer assigned to 3 the case are aware of the nature of the records requested by defense counsel and are in agreement as 4 to the continuance. 5

This is the second request made by any party for a sentencing continuance. The other 6 continuance was also allowed by this Court for the purpose of obtaining records related to Mr. 7

Blueford's parole supervision and other factors. Some records have come in, while some records, in 8 addition to the GEOCARE records, remain outstanding. 9

Assistant United States Attorney Stephen Meyer has no objection to continuing the sentencing 10 to February 1, 2012, as evidenced by his signature at the conclusion of this stipulation. Moreover, 11 United States Probation Officer Trevor Lillian has been contacted by defense counsel, and has no 12 objection to continuing the sentencing to February 1, 2012 at 11:00 a.m. 13 14

IT IS SO STIPULATED 1

DATED: 1/4/13 _____/S/______________________________ ELIZABETH M. FALK Assistant Federal Public Defender 17 18 DATED: 1/4/13 ______/S/________________________________ 19 STEPHEN MEYER Assistant United States Attorney

[PROPOSED] ORDER

Based upon the aforementioned representations of the parties, it is hereby ORDERED that the 3 sentencing in this matter be continued to February 1, 2013 at 11:00 a.m. 4 5

20130108

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