September 23, 2013
UNITED STATES OF AMERICA, Plaintiff,
HERBERTH NOEL AYALA, Defendant.
ANNE C. BELES (Cal. Bar No. 200276), Oakland, California, Attorney for Defendant, HERBERTH NOEL AYALA.
ANNE CATHERINE BELES, Attorney for HERBERTH N. AYALA.
LAURA ELIZABETH VARTAIN HORN, Assistant U.S. Attorney.
MELINDA HAAG, United States Attorney.
STIPULATION AND [PROPOSED] ORDER CONTINUING SENTENCING HEARING AS TO DEFENDANT HERBERTH NOEL AYALA
RICHARD SEEBORG, District Judge.
Defendant HERBERTH NOEL AYALA, by and through his counsel undersigned, the United States of America, through Assistant United States Attorney LAURA ELIZABETH VARTAIN HORN, and the United States Probation Office, through U.S. Probation Officer INSA AMINA BEL'OCHI, hereby stipulate and respectfully request that the Court vacate the Sentencing Hearing in the above-captioned case, currently set for Tuesday, October 8, 2013, at 02:30 p.m., and reset it for Tuesday, December 17, 2013, at 02:30 p.m.
This is the parties' first request to continue the Sentencing Hearing as to Defendant Ayala. The parties last appeared before the Court on July 9, 2013, when the change of plea was entered as to defendant Ayala (Dkt. No. 22).
Defense counsel for the Defendant began trial on a fifty-one count molestation case in Contra Costa County on Friday, September 20, 2013, and this trial is expected to last through approximately Friday, October 18, 2013.
On Friday, August 30, 2013, U.S. Probation Officer Insa Amina Bel'Ochi saw Defendant in custody for the second time and concluded the probation interview. The probation interview was significantly delayed due to the unavailability of both defense counsel and Probation Officer Bel'Ochi due to illness and previously scheduled court hearings.
The requested continuance is necessary to allow for the Proposed Presentence Report to be completed and disclosed to all parties pursuant to Fed. R. Crim. P. 32(b)(6), and to allow the parties reasonable time to thoroughly review the proposed report and submit their written responses pursuant to Crim. L.R. 32-4(b).
U.S. Probation Officer Insa Amina Bel'Ochi has no objection to the parties' request and joins in this stipulated request to continue the Sentencing Hearing as she has represented that she will require a substantial amount of time to draft and then finalize the report.
For the above-stated reasons, the Defendant, defense counsel, and the government stipulate and respectfully request that the Court vacate the Sentencing Hearing currently set for Tuesday, October 8, 2013 and reset it for Tuesday, December 17, 2013, at 2:30 p.m.
IT IS SO STIPULATED.
IT IS SO ORDERED.