Filed: Sep. 09, 2015
Latest Update: Sep. 09, 2015
Summary: STIPULATION TO CONTINUE SENTENCING AND FOR A MODIFIED BRIEFING SCHEDULE MORRISON C. ENGLAND, Jr. , Chief District Judge . The United States, by and through its attorneys of record Assistant U.S. Attorneys Jean M. Hobler and Marilee Miller, and Defendant Anthony Salcedo, by and through his attorneys of record Thomas A. Johnson and Kristy M. Kellogg (collectively, "Parties"), hereby submit the following stipulations, as related to the sentencing hearing currently scheduled for September 10, 2
Summary: STIPULATION TO CONTINUE SENTENCING AND FOR A MODIFIED BRIEFING SCHEDULE MORRISON C. ENGLAND, Jr. , Chief District Judge . The United States, by and through its attorneys of record Assistant U.S. Attorneys Jean M. Hobler and Marilee Miller, and Defendant Anthony Salcedo, by and through his attorneys of record Thomas A. Johnson and Kristy M. Kellogg (collectively, "Parties"), hereby submit the following stipulations, as related to the sentencing hearing currently scheduled for September 10, 20..
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STIPULATION TO CONTINUE SENTENCING AND FOR A MODIFIED BRIEFING SCHEDULE
MORRISON C. ENGLAND, Jr., Chief District Judge.
The United States, by and through its attorneys of record Assistant U.S. Attorneys Jean M. Hobler and Marilee Miller, and Defendant Anthony Salcedo, by and through his attorneys of record Thomas A. Johnson and Kristy M. Kellogg (collectively, "Parties"), hereby submit the following stipulations, as related to the sentencing hearing currently scheduled for September 10, 2015.
BACKGROUND
Defendant Anthony Salcedo was convicted on June 17, 2015 of conspiracy to commit mail fraud in violation of 18 U.S.C. § 1349, and multiple counts of mail fraud in violation of 18 U.S.C. § 1341. On the Court's order, the defendant was remanded and is currently in custody at the Sacramento County Jail, awaiting sentencing.
As ordered by the Court, Probation filed its Presentence Investigation Report on or before August 20, 2015, including as attachments the informal objections submitted by both the government and the defendant. (See PSR, Docket No. 211.) Shortly thereafter, the government filed a separate formal objection. (Docket No. 212.)
As it currently stands, the record reflects several robust areas of dispute between the Parties as to sentencing issues. This includes inter alia the amount of loss for which the defendant should be responsible, the amount of fine that would be appropriate given defendant's financial circumstances, and the appropriateness of certain enhancements contemplated by the U.S. Sentencing Guidelines. The Parties, by and through counsel, have discussed some of these and other areas of dispute that are likely to arise at the sentencing hearing and can foresee no immediate resolution to these issues.
Accordingly, and in order to allow for the presentation of developed, well-reasoned argument to the Court, the Parties are in agreement on the need for the staggered briefing schedule as stipulated and for sentencing to be continued until such briefing is complete.
IT IS HEREBY STIPULATED THAT:
1. Good cause exists for the relief stipulated herein by the Parties.
2. Upon the Court's Order, the sentencing of Defendant Anthony Salcedo is continued until November 19, 2015.
3. Upon the Court's Order, a briefing schedule is set as follows with each brief to be filed on or before the date specified:
Document Type Date Due
Government's Sentencing Brief October 8, 2015
Defendant's Response Brief October 22, 2015
Government's Reply Brief November 5, 2015
The Parties have apprised U.S. Probation Officer Nisha Modica of the Eastern District of California of the Stipulations, and she has stated no objection.
IT IS SO STIPULATED.
IT IS SO ORDERED.
