STIPULATION AND ORDER TO CONTINUE SENTENCING AND MODIFY SCHEDULE OF DISCLOSURE

MORRISON C. ENGLAND, Jr., Chief District Judge.

STIPULATION

Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Nirav Desai, and defendant, Gumaro Lizarraga-Corrales, by and through his counsel, Erin J. Radekin, agree and stipulate to vacate the date set for judgment and sentencing, September 4, 2014 at 9:00 a.m., and to continue judgment and sentencing to October 30, 2014 at 9:00 a.m. in the courtroom of the Honorable Morrison C. England, Jr.

In addition, the parties stipulate to the following modification to the schedule of disclosure:

This continuance is requested to allow the defense to time to conduct investigation into matters pertinent to a request for departure for cultural assimilation and factors under 18 U.S.C. § 3553(a). The defense is permitted to argue for such departure and/or variance under the plea agreement. Ms. Radekin has conferred with the investigator, M.E. Greenberg, and she has informed her that she needs additional time to complete her investigation. Counsel and the United States Probation Officer assigned to this matter, Shannon Morehouse, have conferred about the proposed continuance and modification to the schedule of disclosure. The Court is advised Mr. Desai and Ms. Morehouse have no opposition to the proposed dates set forth above, and Mr. Desai has authorized Ms. Radekin to sign this stipulation on his behalf.

Accordingly, the parties respectfully request the Court adopt this proposed stipulation.

IT IS SO STIPULATED

ORDER

For the reasons set forth in the accompanying stipulation and declaration of counsel, the date set for judgment and sentencing, September 4, 2014 at 9:00 a.m. is VACATED and the above-captioned matter is set for judgment and sentencing on October 30, 2014 at 9:00 a.m. in the courtroom of the Honorable Morrison C. England, Jr.

IT IS FURTHER ORDERED that the schedule of disclosure be modified as follows:

IT IS SO ORDERED.