STIPULATION AND ORDER CONTINUING SENTENCING (Local Rule 143)

ANTHONY W. ISHII, District Judge.

WHEREAS pursuant to the Plea Agreement in this matter Defendant Jenny Nguyen may move for a downward departure in sentencing based on United States Sentencing Guidelines §§ 5K2.13 (diminished capacity), 5H1.2 (education and vocational skills) and 5H1.3 (mental and emotional conditions); and,

WHEREAS the parties dispute whether Ms. Nguyen should be given a downward departure on the above stated grounds; and

WHEREAS the parties have retained experts who authored reports that are attached to the Presentence Investigation Report (PSR); and

WHEREAS Ms. Nguyen and her counsel need additional time to obtain additional evidence necessary to support her contention that she is eligible for such a departure, and the government will require sufficient time to review and respond to any such additional evidence;

The parties hereto, by and through authorized counsel, HEREBY STIPULATE that the sentencing hearing currently scheduled in this matter for April 8, 2013 at 10:00 a.m. in Courtroom 2 may be continued to June 3, 2013, at 1:30 p.m. in Courtroom 2, or to a date and time thereafter convenient to the Court. The parties stipulate that formal objections and sentencing memorandums shall be filed with the Court one week before the new sentencing date.

ORDER

Good cause appearing, IT IS HEREBY ORDERED that the sentencing hearing in this matter shall be continued from April 8, 2013, at 10:00 a.m. to June 3, 2013 at 1:30 p.m. in Courtroom 2, and that formal objections and sentencing memorandums shall be filed with the Court one week before that date.

IT IS SO ORDERED.