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United States of America v. Chapin-Ashcraft

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


March 1, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
CHAPIN-ASHCRAFT,
DEFENDANT.

The opinion of the court was delivered by: Judge: Honorable Michael J. Seng

STIPULATION TO CONTINUE SENTENCING KATHLEEN HEARING; ORDER Date: April 16, 2013 ) Time: 10:00 A.M.

IT IS HEREBY STIPULATED by and between the parties hereto and through their respective attorneys, that the sentencing hearing in the above-referenced matter which is now set for March 6, 2013, may be continued to April 16, 2013, at 10:00 A.M.

This continuance is requested by counsel for the defendant. Counsel for Chapin Ashcraft just received a list of medications requested by the Court. Counsel needs time to review the list and provide it to the government prior to the sentencing. Additionally, counsel needs more time to prepare the sentencing memorandum in this matter as the recommended penalty is substantial. The reason for the length of the continuance is that counsel commences a trial on March 19, 2013, which is expected to last until April 10, 2013.

The requested continuance will conserve time and resources for both counsel and the court. The government does not object to this request. Because this is a sentencing hearing, no exclusion of time waiver is needed for the period of time set forth herein.

BENJAMIN B. WAGNER United States Attorney DATED: February 28, 2013 /s/ Susan St. Vincent SUSAN ST. VINCENT Acting Legal Officer National Park Service JOSEPH SCHLESINGER Acting Federal Defender /s/ Francine Zepeda FRANCINE ZEPEDA DATED: February 28, 2013 Assistant Federal Defender Attorney for Defendant KATHLEEN CHAPIN-ASHCRAFT

ORDER

The Court, having reviewed the above request for a continuance of the March 6, 2013 sentencing hearing until April 16, 2013, AND GOOD CAUSE APPEARING, HEREBY ORDERS AS FOLLOWS:

1) The sentencing hearing in the above entitled matter shall be continued to April 16, 2013 at 10:00 a.m., at the Yosemite Court UNLESS Counsel's trial in the other case referred to above does not commence as scheduled on or about March 19, in which event said Counsel shall so notify this Court and opposing Counsel and the sentencing hearing herein shall be held at 10:00 a.m. on April 2, 2013 in the Yosemite Court.

IT IS SO ORDERED.

Michael J. Seng UNITED STATES MAGISTRATE JUDGE

20130301

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