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U.S. v. Hernandez, 1:10-cr-00249-AWI-BAM-2. (2014)

Court: District Court, E.D. California Number: infdco20141124767 Visitors: 11
Filed: Nov. 21, 2014
Latest Update: Nov. 21, 2014
Summary: STIPULATION AND ORDER CONTINUING SENTENCING HEARING ANTHONY W. ISHII, District Judge. Defendant Monica Marie Hernandez pled guilty on June 10, 2013 to Count 1 of the Superseding Indictment in this case. Her sentencing was continued to December 8, 2014 to allow Ms. Hernandez to fulfill her cooperation agreement requirements by testifying at trial. Defendant now requests that her December 8, 2014 sentencing be continued to January 5, 2015 at 10:00 a.m. so that her counsel may have additional ti
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STIPULATION AND ORDER CONTINUING SENTENCING HEARING

ANTHONY W. ISHII, District Judge.

Defendant Monica Marie Hernandez pled guilty on June 10, 2013 to Count 1 of the Superseding Indictment in this case. Her sentencing was continued to December 8, 2014 to allow Ms. Hernandez to fulfill her cooperation agreement requirements by testifying at trial.

Defendant now requests that her December 8, 2014 sentencing be continued to January 5, 2015 at 10:00 a.m. so that her counsel may have additional time to file formal objections to the final presentence report and to submit a sentencing memorandum. That final report will be served electronically on Monday, November 24, 2014, and counsel is scheduled to leave town on Wednesday, November 26, 2014 for Thanksgiving out-of-town. In addition to filing formal objections to the presentence report Defendant's counsel anticipates submitting further information bearing on counseling received by one of Defendant's children that the defense submits is relevant to the sentencing of Defendant.

Melinda Peyret, the probation officer who prepared the presentence report, has no objection to continuing sentencing to January 5, 2015. AUSA Kirk Sherriff, who is prosecuting the case, has no objection to continuing sentencing to January 5, 2015 at 10:00 a.m., and to continuing the time for Defendant to file formal objections to the final presentence report and any sentencing memorandum to December 22, 2014.

Dated: November 20, 2014 Respectfully submitted, Benjamin B. Wagner United States Attorney /s/ Kirk E. Sherriff Kirk E. Sherriff Henry Z. Carbajal III Assistant United States Attorneys

ORDER

The Court has reviewed and considered the stipulation of the parties to continue the sentencing hearing in this case. Good cause appearing, IT IS ORDERED that the sentencing hearing is continued from December 8, 2014 to January 5, 2015, at 10:00 a.m., and that the deadline to file formal objections to the Pre-Sentence Report and a sentencing memorandum is extended to December 22, 2014.

IT IS SO ORDERED.

Source:  Leagle

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