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United States v. Ayala

United States District Court, Ninth Circuit

January 29, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
HERBERTH NOEL AYALA, Defendant.

EMILIO T. PARKER (Cal. Bar No. 276310), ANNE C. BELES (Cal. Bar No. 200276), Oakland, California, Attorneys for Defendant, HERBERTH NOEL AYALA.

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, February 4, 2014, at 02:30 p.m., and reset it for Tuesday, March 11, 2014, at 02:30 p.m.

This is the parties' third request to continue the Sentencing Hearing as to Defendant Ayala (Dkt. 24, 26). 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).

U.S. Probation Officer Insa Amina Bel'Ochi has concluded the probation interview, but requires additional time to complete the Proposed Presentence Investigation Report for disclosure to the parties.

Accordingly, the parties stipulate and respectfully request that the Court continue the Sentencing Hearing on this matter to allow U.S. Probation Officer Insa Amina Bel'Ochi additional time to complete the Proposed Presentence Investigation Report for disclosure to the 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).

For the above-stated reasons, the Defendant, the government, and the Office of Probation respectfully request that the Court vacate the Sentencing Hearing currently set for Tuesday, February 4, 2014 and reset it for Tuesday, March 11, 2014, at 2:30 p.m.

IT IS SO STIPULATED.

IT IS SO ORDERED.


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