Filed: Jan. 05, 2015
Latest Update: Jan. 05, 2015
Summary: STIPULATION AND ORDER FOR CONTINUANCE OF SENTENCE AND SCHEDULE FOR DICLOSURE JOHN A. MENDEZ, District Judge. IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Assistant United States Attorney Heiko Coppola, defendant JOSE MELECIO PENA, through his undersigned counsel Dwight Samuel that the scheduled sentencing date and schedule for disclosure dates be changed to the following: Judgement and sentencing date be changed from January 13, 2015 to March 3
Summary: STIPULATION AND ORDER FOR CONTINUANCE OF SENTENCE AND SCHEDULE FOR DICLOSURE JOHN A. MENDEZ, District Judge. IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Assistant United States Attorney Heiko Coppola, defendant JOSE MELECIO PENA, through his undersigned counsel Dwight Samuel that the scheduled sentencing date and schedule for disclosure dates be changed to the following: Judgement and sentencing date be changed from January 13, 2015 to March 3,..
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STIPULATION AND ORDER FOR CONTINUANCE OF SENTENCE AND SCHEDULE FOR DICLOSURE
JOHN A. MENDEZ, District Judge.
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Assistant United States Attorney Heiko Coppola, defendant JOSE MELECIO PENA, through his undersigned counsel Dwight Samuel that the scheduled sentencing date and schedule for disclosure dates be changed to the following:
Judgement and sentencing date be changed from January 13, 2015 to March 3, 2015.
The following schedule for disclosure of pre-sentence report and for filing of objections to the presentence report it is agreed to be as follows:
Reply or statement of non-opposition February 24, 2015
Motion for correction of Pre-Sentence report filed February 17, 2015
Pre-Sentence report filed February 10,2015
Counsel's written objections to the pre-sentence to probation February 3, 2015
Proposed Pre-sentence report disclosed to counsel done
Counsel for Mr. Pena only most recently recieved the rough draft of the proposed PSR. As a result counsel needs time to review it with the client, research issues and prepare any appropriate objections and corrections. I have contacted AUSA Coppola and discussed my time needs and our calendars to determine an appropriate date where all parties will be prepared to go forward with sentencing. Both counsel's calendars suggest the sentencing date should be March 3, 2015. I have checked with the clerk of the court on the courts availability and the court is available that date.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation, vacate the present date for sentence of January 13, 2015 and adopt the above enumerated shedule for disclosure and response to the Pre-sentence report and sentencing.
So stipulated,
Dated: January 5, 2015.
____/s/________________
Assistant U.S. Attorney
Heiko Coppola
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety and it is so order
Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendants in a speedy trial.
It is further ordered that the January 13, 2015 date for sentencing shall be continued to March 3, 2015, at 9:30 a.m.
IT IS SO ORDERED.
