STIPULATION TO CONTINUE SENTENCING HEARING (First Request)

JAMES C. MAHAN, District Judge.

IT IS HEREBY STIPULATED AND AGREED, by and between Daniel G. Bogden, United States Attorney, and Robert A. Bork, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and MONIQUE KIRTLEY, Assistant Federal Public Defender, counsel for ESTEFANIA VASQUEZ-ANCENO, that the sentencing hearing scheduled on Monday, September 14, 2015 at 10:30 a.m., be vacated and be continued to a date and time convenient to the Court, but no earlier than fourteen (14) days.

This Stipulation is entered into for the following reasons:

1. The defendant is in custody but does not oppose a continuance.

2. On August 19, 2015 a notice of hearing was filed, changing the sentencing and disposition to a date ahd time when undersigned defense counsel will be out of the jurisdiction.

3. This request is not sought for the purpose of delay, but simply to ensure availability and continuity of counsel for the defendant.

4. This is the first request for a continuance of the sentencing hearing.

ORDER

The ends of justice served by granting said continuance outweigh the best interest of the public and the defendant in a speedy sentencing, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for sentencing, taking into account the exercise of due diligence.

The continuance sought herein is excludable under the Speedy Trial Act, title 18, United States Code, § 3161 (h)(7)(A), when the considering the facts under Title 18, United States Code, §§ 3161(h)(7)(B)(i) and 3161(h)(7)(B)(iv).

IT IS THEREFORE ORDERED that the Sentencing currently scheduled for Monday, September 14, 2015 at 10:30 a.m., be vacated and continued to October 1, 2015 at the hour of 10:00 am.