July 10, 2013
UNITED STATES OF AMERICA, Plaintiff,
JOSE RUIZ, Defendant.
STEVEN G. KALAR, Federal Public Defender, ROBERT M. CARLIN, Assistant Federal Public Defender, CASEY O'NEILL, Special Assistant United States Attorney San Jose, CA, Counsel for Defendant, JOSE RUIZ.
STIPULATION TO CONTINUE SENTENCING HEARING;  ORDER
D. LOWELL JENSEN, District Judge.
Plaintiff United States of America, by and through Special Assistant United States Attorney Casey O'Neill, and Defendant JOSE RUIZ ("Mr. Ruiz"), by and through his attorney of record, Assistant Federal Public Defender Robert Carlin, hereby stipulate that the sentencing hearing in this case should be continued to July 18, 2013, at 10:00 a.m.
1. On December 7, 2011, Mr. Ruiz was charged in a single count indictment with a violation of 8 U.S.C. § 1326 (a) and (b).
2. Following plea negotiations with the United States, Mr. Ruiz elected to decline the offer of a fast-track plea disposition and on January 17, 2013, he changed his plea to guilty before this Honorable Court. The sentencing hearing was scheduled for June 27, 2013.
3. Mr. Ruiz's sentencing hearing was scheduled for June 27, 2013, though he requested a continuance for personal reasons, which the government did not oppose and the Court granted. Counsels have conferred and July 18, 2013 is a mutually agreeable date.
4. Accordingly, the parties respectfully request that the sentencing hearing be continued to July 18, 2013, at 10:00 a.m.
IT IS SO STIPULATED.