STIPULATION AND ORDER TO CONTINUE SENTENCING

ANTHONY W. ISHII, Senior District Judge.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel RICHARD A. BESHWATEM JR, attorney for Defendant, and Assistant U.S. Attorney

LAUREL MONTOYA, Attorney for Plaintiff, that the hearing currently scheduled for December 9, 2013, at 10:00 a.m. shall be continued until DECEMBER 16, 2013, at 10:00 a.m. or to a date the Court deems appropriate.

This continuance is necessary so that defendant's attorney and the AUSA can have sufficient time to conclude the necessary steps to qualify Mr. Khamvongsay for the Safety Valve.

The parties stipulate that the time until the next hearing should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). Specifically, defendant's counsel has been unavailable due his presence in another trial. The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

ORDER

IT IS HEREBY ORDERED THAT the date set for hearing be continued to January 6, 2014 at 10:00 a.m.

IT IS SO ORDERED.