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United States, Plaintiff v. Bryan Smith

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 2, 2013

UNITED STATES, PLAINTIFF,
v.
BRYAN SMITH, DEFENDANT,

The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

STIPULATION CONTINUING SENTENCING OF DEFENDANT BRYAN SMITH; ORDER Present Sentencing Date: 5/3/2013 Proposed Hearing Date: 5/24/2013

Counsel for both the defendant and for the government request that the sentencing of the above defendant, presently scheduled for May 3, 2013, be continued to May 24, 2013, at 9:00 a.m. This sentencing has been continued multiple times and some explanation is appropriate. One of the causes of the delay has been the settling of the outstanding state tax liability involving the marijuana dispensary sales and the provision in the plea agreement which allows/requires a portion of the cash seized at the defendant's residence to be used towards that liability. The process involved in obtaining a settlement of that liability with the California Board of Equalization has taken longer than expected but appears imminent. Second, the defendant has still to complete an obligation in the plea agreement to account for the dissolution of certain assets. Substantial steps have been taken towards that obligation, but it is not yet complete. Third, settlement negotiations currently taking Stipulation and Order continuing sentencing as to defendant Bryan Smith place in other marijuana dispensary cases my impact the government's sentencing recommendation in the present case and the additional time will likely provide some clarification of the position the government intends to take in this case. For all these reasons, it is requested that the sentencing of defendant Bryan Smith be continued to May 24, 2013, at 9:00 a.m.

Dated: May 2, 2013 Respectfully submitted, BENJAMIN B. WAGNER United States Attorney by: /s/ Richard J. Bender RICHARD J. BENDER Assistant U.S. Attorney Dated: May 2, 2013 /s/ Mark Reichel (by RJB) MARK REICHEL Attorney for Bryan Smith

ORDER

It is SO ORDERED.

20130502

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