ORDER TO CONTINUE SENTENCING HEARING AND MODIFY PRE-SENTENCE REPORT DEADLINES

TROY L. NUNLEY, District Judge.

The parties to this action, Plaintiff United States of America by and through Assistant U.S. Attorney Samuel Wong and Attorney Todd D. Leras on behalf of Defendant Moises Torres, submit this request to continue the date presently set for Judgment and Sentencing in the above-reference matter from April 19, 2018 to July 26, 2018. The defense needs additional time to obtain mitigation evidence in support of its sentencing request.

The defense investigator working on gathering mitigation materials was responsible for arranging health and daily care for his mother following her suffering an illness in late February 2018. That illness resulted in her death on March 6, 2018. The investigator has therefore been occupied with planning the funeral and taking care of settling her estate. He did not return to work until March 26, 2018. Given these circumstances, the defense needs additional time to conduct investigation and gather materials in support of its sentencing request as allowed under the express terms of the Plea Agreement.

The government does not oppose the request and the assigned probation officer is available to appear on the requested date. The draft Pre-Sentence Report, Informal Objections, and filing of the Final Pre-Sentence Report have already occurred. It is therefore requested that the Court modify its previously-set pre-sentence report disclosure schedule as follows:

This request follows a guilty plea so an exclusion of time pursuant to the Speedy Trial Act is not required. Assistant U.S. Attorney Samuel Wong has reviewed this proposed order and authorized Todd D. Leras to sign it on his behalf.

ORDER

The Judgment and Sentencing Hearing in this matter is continued to July 26, 2018, at 9:30 a.m. The Court adopts the Motion for Correction/Sentencing Memorandum schedule proposed by the parties.

IT IS SO ORDERED.