The opinion of the court was delivered by: The Honorable Susan Illston United States District Court Judge
STIPULATION AND [PROPOSED] ORDER CONTINUING
Date: February 1, 2013 Time: 11:00 a.m. 13 Court: The Honorable Susan Illston
The parties agree to continue the sentencing in the above-captioned matter from February 1, 18 2013 until February 8, 2013 at 11:00 a.m. The purpose of the continuance is due to the 19 unavailability of defense counsel on February 1, 2013 for work-related travel that is of an urgent 20 nature. Defense counsel hereby attests that a client in another case is insisting on filing immediate 21 motions and demanding a speedy trial in a case in which a 30 year mandatory minimum sentence is 22 at issue for alleged possession of a silencer during a drug trafficking offense. The 10 year plea offer 23 in that case will explode if any motions are filed, requiring defense counsel to investigate the 24 viability of all potential motions and consult with her client as soon as possible. The case at issue 25 arose in Eureka and the investigation will require a five hour drive each way for defense counsel. 26
Given all these parameters, the only window of time defense counsel has to engage in such immediate investigation is January 30-February 1, 2012.
The earlier continuances of sentencing were allowed by this Court for the purpose of obtaining 2 records related to Mr. Blueford's parole supervision and other sentencing factors. All records are 3 now in the possession of defense counsel and she will be prepared to proceed to sentencing on 4
February 8, 2013. Documents related to Mr. Blueford will be provided to the Court through defense 5 counsel's Sentencing Memorandum. 6
Assistant United States Attorney Stephen Meyer has no objection to continuing the sentencing 7 to February 8, 2013, as evidenced by his signature at the conclusion of this stipulation. Moreover, 8 United States Probation Officer Trevor Lillian has been contacted by defense counsel, and has no 9 objection to continuing the sentencing to February 8, 2013 at 11:00 a.m. 10 11
IT IS SO STIPULATED 12 13
DATED: 1/23/13 _____/S/_ ELIZABETH M. FALK Assistant Federal Public Defender DATED: 1/23/13 _____/S/ STEPHEN MEYER Assistant United States Attorney
Based upon the aforementioned representations of the parties, it is hereby ORDERED that the 21 sentencing in this matter be continued to February 8, 2013 at 11:00 a.m. 22
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