BENJAMIN B. WAGNER, United States Attorney, BRIAN W. ENOS, Assistant U.S. Attorneys, Fresno, California, Attorneys for the United States of America.
Roger T. Nuttall, Attorney for Defendant.
STIPULATION TO CONTINUE JUNE 3, 2013 SENTENCING HEARING TO JUNE 17, 2013; ORDER
LAWRENCE J. O'NEILL, District Judge.
IT IS HEREBY STIPULATED by and between the parties hereto, by and through their respective attorneys of record, that this action's June 3, 2013 sentencing hearing be continued two weeks, or until June 17, 2013. All components of this stipulation and proposed order include U.S. Probation's active participation and concurrence. The parties further stipulate that relevant deadlines underlying the sentencing hearing be re-set as follows:
1. Supplemental Informal Objections to PSR - May 20, 2013;
2. U.S. Probation's Amendments to PSR, if any - June 3, 2013; and
3. Filing of Formal Objections/Sentencing Memo - June 10, 2013.
The parties base this stipulation on good cause. To explain, a legal issue exists regarding the application of a certain sentencing enhancement. Informal objections were timely submitted, followed by significant discussions between the U.S. Attorney's Office and U.S. Probation regarding this issue. As a result of these discussions, the undersigned counsel for the United States agrees with U.S. Probation's request that he prepare and submit supplemental informal objections. In light of staffing restrictions currently imposed on U.S. Probation, an extra two weeks is necessary to enable it to properly analyze this pending submission.
In light of the above, the undersigned counsel for the government contacted defense counsel's office, and as of yesterday evening learned that defendant concurs with this stipulated continuance.
For the above-stated reason, the requested continuance will conserve time and resources for the parties and the court by enabling it to approach sentencing armed with a thorough analysis by U.S. Probation and the parties of the issues underlying the same.
IT IS SO ...