STIPULATION AND AGREEMENT OF THE PARTIES TO CONTINUE BOTH SENTENCING AND THE DEFENSE MOTIONS FOR A NEW TRIAL AND JUDGMENT OF ACQUITAL TO MONDAY, DECEMBER 8, 2014 AND PROPOSED ORDER

WILLIAM B. SHUBB, District Judge.

The parties to this litigation, the United States of America, represented by Assistant United States Attorneys Jason Hitt and Jill Thomas, and the defendant, Tien The Le, James R. Greiner, hereby agree and stipulate to the following:

1- By previous order, this matter was set for motions hearing and sentencing on Monday, November 24, 2014 (See Docket Entry # 284);

2. The defense has filed two post-trial motions, the first is a motion to vacate the jury verdict and for a judgment of acquittal (See Docket Entry # 215) and the second is a motion for a new trial (See Docket entry # 216). Both motions are critical and contain potentially complex issues which the parties agree require the additional time for legal research and briefing. The government has responded to both motions on June 10, 2014. (See Docket # 274)

3. The defense filed a sentencing memorandum on August 12, 2013 (See Docket # 246), a supplemental sentencing memorandum on August 7, 2014 (See Docket #277) and a second supplemental sentencing memorandum on September 30, 2014 (See Docket # 280).

4. The government needs time to file any opposition to the defense sentencing memorandums and then the defense will file its reply.

5. By this Stipulation, the parties collectively now move to continue the motion hearing and sentencing until Monday, December 8, 2014. The parties agree there is no legal need to exclude time pursuant to the Speedy Trial Act.

IT IS SO AGREED TO AND STIPULATED TO BY THE PARTIES.

Each attorney has granted James R. Greiner full authority to sign for each individual attorney.

ORDER

The sentencing hearing is continued to December 8, 2014, at 9:30 a.m., as requested by the parties. However, the hearing on the motions remains set for November 24, 2014 at 9:30 a.m., as previously ordered.

IT IS SO ORDERED.