Filed: Oct. 16, 2014
Latest Update: Oct. 16, 2014
Summary: STIPULATION REGARDING CONTINUANCE OF RESTITUTION HEARING JOHN A. MENDEZ, District Judge. STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. By previous order, a hearing on the restitution claim was set for October 21, 2014. 2. The parties have reached an agreement in principle concerning restitution. In particular, they have reached agreement as to the restitution
Summary: STIPULATION REGARDING CONTINUANCE OF RESTITUTION HEARING JOHN A. MENDEZ, District Judge. STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. By previous order, a hearing on the restitution claim was set for October 21, 2014. 2. The parties have reached an agreement in principle concerning restitution. In particular, they have reached agreement as to the restitution a..
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STIPULATION REGARDING CONTINUANCE OF RESTITUTION HEARING
JOHN A. MENDEZ, District Judge.
STIPULATION
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows:
1. By previous order, a hearing on the restitution claim was set for October 21, 2014.
2. The parties have reached an agreement in principle concerning restitution. In particular, they have reached agreement as to the restitution amount, but continue to negotiate concerning matters that go to the terms of payment. By this stipulation, the parties agree to continue the hearing on restitution to November 4, 2014 at 9:30 a.m. before this Court.
3. This continuance of the restitution hearing would exceed the 90-day period provided in 18 U.S.C. § 3664(d)(5). Accordingly, the defendant waives his rights under 18 U.S.C. § 3664(d)(5).
4. The parties agree and stipulate that good cause exists for the continuance for the following reasons:
a) The parties have reached an agreement regarding the amount of restitution. However, the parties are in ongoing discussions regarding the nature and amount of security and the timing and amount of installment payments. The defendant has been working diligently to come up with adequate security in the form of real property owned by family entities in which he has a partial interest and has made substantial progress toward this goal. The parties believe they are near a resolution and believe that additional time to continue their discussions will be productive.
b) The parties anticipate reaching a settlement regarding an appropriate payment schedule and security. If the parties are unable to reach an agreement, they will submit briefs, not to exceed five (5) pages, by October 31, 2014, limited to these issues.
IT IS SO STIPULATED.
FINDINGS AND ORDER
Based on the stipulation of the parties, and good cause appearing therefrom, the hearing on restitution is hereby continued to November 4, 2014, at 9:30 a.m.
IT IS SO ORDERED.
