STIPULATION AND ORDER VACATING SENTENCING HEARING, SETTING BRIEFING SCHEDULE, AND HEARING DATE ON DEFENDANT'S MOTION FOR A SENTENCING JURY

LAWRENCE K. KARLTON, District Judge.

Whereas, defendant Crescencio Delgado-Ezquivel's ("defendant") sentencing date is currently set for September 24, 2013, at 9:15 a.m.;

Whereas, defendant's motion filed on September 18, 2013, for a sentencing jury appears to raise issues of a first impression;

Whereas, the undersigned prosecutor will be very busy preparing for, and conducting, the trial in United States v. Clemente Arroyo, No. 2:09-CR-273 JAM, that starts on September 30, 2013, and is expected to last for approximately one week; and

Whereas, plaintiff United States of America desires additional time to respond to defendant's motion as the undersigned prosecutor will seek to obtain guidance from the Department of Justice in Washington, D.C., before completing the United States' response to defendant's motion for a sentencing jury,

It is hereby stipulated and agreed to by and between the parties, through their respective attorneys, that:

2. The United States' response to defendant's motion for a sentencing jury shall be due on October 22, 2013.

3. Defendant's reply, if any, in support of his motion shall be due on October 29, 2013.

4. The hearing on defendant's motion for a sentencing jury shall be held on November 5, 2013, at 9:15 a.m.

ORDER

The Court having received, read, and considered the parties' stipulation, and good cause appearing therefrom, adopts the parties' stipulation in its entirety as the Court's order.

It is so ordered.