MODIFIED STIPULATION AND [PROPOSED] ORDER TO CONTINUE SENTENCING HEARING FROM NOVEMBER 29, 2012 TO FEBRUARY 7, 2013 MARCH 14, 2013

YVONNE GONZALEZ ROGERS, District Judge.

The above-captioned matter is set on November 29, 2012 at 2:00 p.m. before the Hon. Yvonne Gonzalez Rogers for sentencing. The parties request that the Court vacate this date and reset the matter for sentencing on March 14, 2013.

The reason for this request is that the defense is in the process of investigating issues surrounding restitution in this matter. Ms. Firmeza pled guilty to a charge of bank fraud relating to the misrepresentation of income on loan applications. Two houses were purchased after the loans were funded. On November 13, 2012, the US Attorney received documentation supporting the actual loss to the bank with respect to one property. This documentation was immediately turned over to the defense and is currently being reviewed. No documentation has been produced with regard to the second property and discovery is ongoing.

The parties, including Probation, agree that restitution issues should be resolved, to the extent possible, prior to sentencing and therefore agree to the proposed continuance. Because Probation is unavailable in January, the parties have requested a sentencing date in March.

SO STIPULATED.

For good cause shown, the sentencing hearing set for November 29, 2012 is continued to March 14, 2013 at 2:00 p.m.

IT IS SO ORDERED.