Filed: Sep. 28, 2016
Latest Update: Sep. 28, 2016
Summary: STIPULATION AND ORDER TO CONTINUE JUDGMENT AND SENTENCING TROY L. NUNLEY , District Judge . STIPULATION Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Matthew M. Yelovich, and defendant, Tou Her, by and through his counsel, Erin J. Radekin, agree and stipulate to vacate the date set for judgement and sentencing, September 29, 2016 at 9:30 a.m., in the above-captioned matter, and to continue sentencing to October 13, 2016 at 9:30 a.m. in th
Summary: STIPULATION AND ORDER TO CONTINUE JUDGMENT AND SENTENCING TROY L. NUNLEY , District Judge . STIPULATION Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Matthew M. Yelovich, and defendant, Tou Her, by and through his counsel, Erin J. Radekin, agree and stipulate to vacate the date set for judgement and sentencing, September 29, 2016 at 9:30 a.m., in the above-captioned matter, and to continue sentencing to October 13, 2016 at 9:30 a.m. in the..
More
STIPULATION AND ORDER TO CONTINUE JUDGMENT AND SENTENCING
TROY L. NUNLEY, District Judge.
STIPULATION
Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Matthew M. Yelovich, and defendant, Tou Her, by and through his counsel, Erin J. Radekin, agree and stipulate to vacate the date set for judgement and sentencing, September 29, 2016 at 9:30 a.m., in the above-captioned matter, and to continue sentencing to October 13, 2016 at 9:30 a.m. in the courtroom of the Honorable Troy L. Nunley.
The reason for this request is to allow additional time for probation to review the records provided by the defense. The court requested medical records verifying Pakoula Yang's diagnosis and treatment for breast and lung cancer. Ms. Radekin provided all medical records for Ms. Yang in her possession to probation and the government last week; however, among the records there is no letter from Ms. Yang's physician confirming her present diagnosis and prognosis.
On Friday, September 23, 2016, Ms. Yang requested a letter from Dr. Lynch, her current doctor, regarding her treatment at the Cancer Treatment Center of America in Arizona and, on the date below, the defense received the letter and provided it to probation and the government. Insufficient time remains, however, for probation to review the letter as well as all prior records provided by the defense last week and to prepare a memorandum for sentencing. The Court is advised that Mr. Yelovich and United States Probation Officer Lynda Moore concur with this request and Mr. Yelovich has authorized Ms. Radekin to sign this stipulation on his behalf.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation.
IT IS SO STIPULATED
ORDER
For the reasons set forth in the accompanying stipulation and declaration of counsel, the judgment and sentencing date of September 29, 2016 at 9:30 a.m. is VACATED and the above-captioned matter is set for judgment and sentencing on October 13, 2016 at 9:30 a.m.
IT IS SO ORDERED.
