UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 9, 2013
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: John A. Mendez United States District Court Judge
STIPULATION AND ORDER CONTINUING SENTENCING
FROM February 22, 2013 TO April 9, 2013
The United States of America, through its counsels of record, Benjamin B. Wagner, United States Attorney for the Eastern District of California, and Todd Leras, Assistant United States Attorney, and defendant Bob An, through his attorney, Ronald Peters, Esq, hereby stipulate and agree that the judgment and sentencing hearing scheduled for February 19, 2013, at 9:45 am should be continued to April 9, 2013 at 9:45 a.m.
After discussions with the probation office and United States Attorney the presentence report could not be timely completed due to the need to collect additional information by all parties involved. This has also been complicated because the defendant requires the services of an interpreter whose availability is limited due to the number of non English speaking co-defendants.
Parties agree that time should be excluded pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv), and Local Code T-4 - reasonable time to prepare and for continuity of counsel. The parties agree that time be excluded under this provision from February 19, 2013, to and including April 9, 2013.
DATE: January 9, 2013 Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney DATE: January 9, 2013 /s/ Todd Leras TODD LERAS Assistant U.S. Attorney DATE: January 9, 2013 /s/Ron Peters RON PETERS Attorney for Defendant Bob An
ORDER FINDING EXCUSABLE TIME
For the reasons set forth in the accompanying stipulation and declaration of counsel, the status conference in the above-entitled action is continued to February 19, 2013 at 9:45 a.m. The court finds excusable time in this matter from February 19, 2013 through April 9, 2013 under 18 U.S.C. § 3161(h)(8)(B)(iv) and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective presentation. For the reasons stipulated by the parties, the Court finds that the interest of justice served by granting the requested continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. 3161(h)(8)(A), (h)(8)(B)(iv).
IT IS SO ORDERED.
John A. Mendez
The Probation Officer and all parties shall adhere to this schedule and unless its later modified by this court. Judgment and sentencing date: 04/09/2013
Reply or statement of non!opposition: 04/02/2013
Motion for correction of the Pre!Sentence report shall 03/26/2013 be filed with the court and served on the Probation Officer and opposing counsel no later than:
The Pre!Sentence Report shall be filed with 03/19/2013 the court and disclosed to counsel no later than Counsel's written objections to the Pre 03/12/2013 Sentence Report shall be delivered to the Probation Officer and opposing counsel no later than
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