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United States v. Ghio

United States District Court, Ninth Circuit

November 19, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
ANTHONY B. GHIO, Defendant. UNITED STATES OF AMERICA, Plaintiff,
v.
THEODORE B. HUTZ, Defendant. UNITED STATES OF AMERICA, Plaintiff,
v.
JOHN R. VANZETTI, Defendant. UNITED STATES OF AMERICA, Plaintiff,
v.
RICHARD W. NORTHCUTT, Defendant. UNITED STATES OF AMERICA, Plaintiff,
v.
YAMA MARIFAT, Defendant. UNITED STATES OF AMERICA, Plaintiff,
v.
GREGORY L. JACKSON, Defendant. UNITED STATES OF AMERICA, Plaintiff,
v.
WALTER DANIEL OLMSTEAD, Defendant. UNITED STATES OF AMERICA, Plaintiff,
v.
ROBERT ROSE, Defendant. UNITED STATES OF AMERICA, Plaintiff,
v.
KENNETH A. SWANGER, Defendant. UNITED STATES OF AMERICA, Plaintiff,
v.
WILEY C. CHANDLER, Defendant.

Anna Tryon Pletcher, (Cal. Bar. No. 239730), Tai S. Milder, (Cal. Bar. No. 267070), May Lee Heye, (Cal. Bar No. 209366), Kelsey C. Linnett, (Cal. Bar No. 274547), Trial Attorneys, U.S. Department of Justice, Antitrust Division, San Francisco, California.

MICHEAL S. THORMAN, Counsel for Anthony Ghio.

KRESTA NORA DALY, Counsel for Theodore B. Hutz.

CHRISTOPHER H. WING, Counsel for John R. Vanzetti.

DORON WEINBERG, Counsel for Richard W. Northcutt

RICHARD TAMOR, Counsel for Yama Marifat.

DONALD H. HELLER, Counsel for Gregory L. Jackson

CARL M. FALLER, Counsel for Walter Daniel, Olmstead.

ISMAEL RAMSEY, Counsel for Robert Rose.

WILLIAM J. PORTONOVA, Counsel for Kenneth A. Swanger,

JEFFREY L. BORNSTEIN, Counsel for Wiley C. Chandler.

WILLIAM B. SHUBB, District Judge.

The defendants in the above-entitled cases, Anthony B. Ghio, Theodore B. Hutz, John R. Vanzetti, Richard W. Northcutt, Yama Marifat, Gregory L. Jackson, Walter Daniel Olmstead, Robert Rose, Kenneth A. Swanger, and Wiley C. Chandler, are on the Court's calendar for status conferences on December 16, 2013.

These individuals, however, may be called as witnesses at the trial of several co-conspirators. In this related case, United States v. Katakis, et al., Cr. No. S-11-511 WBS, four defendants, Andrew B. Katakis, Donald M. Parker, Anthony B. Joachim, and W. Theodore Longley, are on the Court's calendar for a trial commencing on January 28, 2014.

The government will not be able to fully determine its sentencing recommendation for defendants Ghio, Hutz, Vanzetti, Northcutt, Marifat, Jackson, Olmstead, Rose, Swanger, and Chandler until after a trial in the related case. Therefore, per agreement with defense counsel, it is respectfully requested that the status conference for these individuals that is currently set for December 16, 2013 be continued to April 7, 2014 at 10:00 a.m. The United States Probation Office is in accord with this approach. It is anticipated that at that time, the parties will be in a better position to request dates for judgment and sentencing and disclosure schedules for presentence reports.

ORDER

For the reasons stated above, the Court continues the status conferences regarding judgment and sentencing for defendants Anthony B. Ghio, Theodore B. Hutz, John R. Vanzetti, Richard W. Northcutt, Yama Marifat, Gregory L. Jackson, Walter Daniel Olmstead, Robert Rose, Kenneth A. Swanger, and Wiley C. Chandler from December 16, 2013 to April 7, 2014.

IT IS SO ORDERED.


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