Filed: Jan. 28, 2014
Latest Update: Jan. 28, 2014
Summary: STIPULATION AND ORDER TO CONTINUE SENTENCING LAWRENCE J. O'NEILL, District Judge. It is hereby stipulated and agreed by and between defendants Joseph M. Cuellar, by and through his attorney of record Anthony P. Capozzi, Patrick Bowman, by and through his attorney of record Cadee Peters, Rudolph Buendia by and through his attorney of record Jeremy Kroger, and Assistant United States Attorneys Samuel Wong and Melanie Alsworth for plaintiff United States of America that: 1. The sentencing date o
Summary: STIPULATION AND ORDER TO CONTINUE SENTENCING LAWRENCE J. O'NEILL, District Judge. It is hereby stipulated and agreed by and between defendants Joseph M. Cuellar, by and through his attorney of record Anthony P. Capozzi, Patrick Bowman, by and through his attorney of record Cadee Peters, Rudolph Buendia by and through his attorney of record Jeremy Kroger, and Assistant United States Attorneys Samuel Wong and Melanie Alsworth for plaintiff United States of America that: 1. The sentencing date of..
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STIPULATION AND ORDER TO CONTINUE SENTENCING
LAWRENCE J. O'NEILL, District Judge.
It is hereby stipulated and agreed by and between defendants Joseph M. Cuellar, by and through his attorney of record Anthony P. Capozzi, Patrick Bowman, by and through his attorney of record Cadee Peters, Rudolph Buendia by and through his attorney of record Jeremy Kroger, and Assistant United States Attorneys Samuel Wong and Melanie Alsworth for plaintiff United States of America that:
1. The sentencing date of February 3, 2014, shall be continued to March 31, 2014, at 1:30 p.m.
2. This continuance of the presently set February 3, 2014, sentencing hearing is based upon attorney Anthony P. Capozzi substituting in as counsel for defendant Cuellar on January 17, 2014, and Mr. Capozzi's need for additional time to review the voluminous amount of discovery and case file before Mr. Capozzi can properly advise Mr. Cuellar on the ramifications of proceeding on the various alternatives available.
3. Anthony P. Capozzi, attorney for defendant, Joseph Cuellar, shall file by March 10, 2014, either: (a) a notice of motion to withdraw Mr. Cuellar's guilty plea or otherwise waive any right to file such a motion; or, alternatively, (b) a notice to the Court that Mr. Cuellar re-affirms his presently entered guilty plea pursuant to the Plea Agreement on file and that Mr. Cuellar requests to be sentenced on March 31, 2014.
4. In the event that Mr. Cuellar moves to withdraw his guilty plea, he shall file any memorandum and papers in support of the motion by March 31, 2014. The United States and Mr. Cuellar shall thereafter confer and propose a briefing schedule and motions hearing date to the Court for Mr. Cuellar's motion to withdraw his guilty plea.
5. The sentencings of defendants Buendia and Bowman shall take place on March 31, 2014.
IT IS SO STIPULATED.
ORDER
The Court having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the parties' stipulation in its entirety as its Order.
The currently scheduled for February 3, 2014, at 1:30 p.m. is continued to March 31, 2014, at 1:30 p.m.
There will be no more continuances.
IT IS SO ORDERED.
