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U.S. v. Cabrera, 2:15-cr-00153-GEB. (2016)

Court: District Court, E.D. California Number: infdco20160525a19 Visitors: 13
Filed: May 24, 2016
Latest Update: May 24, 2016
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE SENTENCING HEARING & BRIEFING SCHEDULE GARLAND E. BURRELL, Jr. , District Judge . IT IS HEREBY STIPULATED by and between Phillip A. Talbert, Acting United States Attorney, through, Rosanne Rust, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Jerome Price, attorney for John K. Cabrera that the sentencing hearing, currently scheduled for June 24, 2016, be contin
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE SENTENCING HEARING & BRIEFING SCHEDULE

IT IS HEREBY STIPULATED by and between Phillip A. Talbert, Acting United States Attorney, through, Rosanne Rust, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Jerome Price, attorney for John K. Cabrera that the sentencing hearing, currently scheduled for June 24, 2016, be continued to September 23, 2016 at 9:00 a.m. The parties further stipulate that the briefing schedule be modified as follows:

The proposed Presentence Report shall be disclosed to 8/12/16 counsel no later than: Counsel's written objections to the Presentence Report 8/26/16 shall be delivered to the Probation Officer and opposing counsel no later than: The Presentence Report shall be filed with the Court and 9/2/16 disclosed to counsel no later than: Motion for Correction of the Presentence Report shall 9/9/16 be filed with the Court and served on the Probation Officer and opposing counsel no later than: Reply, or Statement of Non-Opposition: 9/16/16 Judgment and Sentencing Date: 9/23/16

This continuance is necessary to accomplish defense counsel's need to obtain additional mitigation evidence in preparation for the sentencing hearing and probation's need to consider that evidence and possibly incorporate it into the Presentence Investigation Report. Given scheduling conflicts, the parties agree that a date of September 23, 2016 provides enough time to accomplish these ends and represents the best next date for the sentencing hearing. Probation is aware of this stipulation and has no objection.

ORDER

IT IS HEREBY ORDERED, the Court, having received, read, and considered the parties' stipulation, and good cause appearing therefore, adopts the parties' stipulation in its entirety as its order. The Court orders the June 24, 2016 sentencing hearing continued to September 23, 2016 at 9:00 a.m. It is further ordered that any formal objections and sentencing memoranda are now due on September 9, 2016 and any replies are now due on September 16, 2016.

Source:  Leagle

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