STIPULATION AND ORDER CONTINUING JUDGMENT AND SENTENCING, AND SETTING DATES FOR DEFENDANT'S RULE 33 MOTION

JOHN A. MENDEZ, District Judge.

The defendant was convicted on November 4, 2013, of violating 18 U.S.C. § 38, Conspiracy to Commit Fraud Involving Aircraft Parts in Interstate and Foreign Commerce. C.R. 254. The date for judgment and sentencing was set for February 18, 2014. Id.

On January 6, 2014, the defendant filed his motion for a new trial pursuant to Federal Rule of Criminal Procedure 33. C.R. 281. A motion hearing was set for January 28, 2014. Id.

The parties now ask the Court to vacate the motion hearing date and the sentencing date. The parties ask that the motion hearing date be set for February 18, parties will ask for a new sentencing date from the Court.

In addition, the parties hereby stipulate that the government's reply to the defendant's motion for a new trial shall be filed no later than February 4, 2014. Defendant's surreply (if any) shall be filed no later than February 11, 2014.

The reason for continuing both the motion hearing and the sentencing is two-fold. First, the additional time is necessary in order to allow the United States to prepare its response to the defendant's Rule 33 motion. Second, the United States Probation Office has not yet completed its presentence report. According to the Probation Officer assigned to the case, preparation of the report has been put on hold pending a ruling on the Rule 33 motion.

ORDER GRANTING PARTIES' STIPULATION

For the reasons given, the parties stipulation is approved and so ordered. The February 18, 2014 sentencing date is vacated. The United States reply to the defendant's Rule 33 motion shall be filed no later than February 4, 2014; any surreply shall be filed no later than February 11, 2014. A hearing on the Rule 33 motion shall be held February 18, 2014, at 9:45 a.m.