Filed: Jul. 07, 2016
Latest Update: Jul. 07, 2016
Summary: STIPULATED REQUEST TO CONTINUE DATE OF HEARING AND IMPOSE BRIEFING SCHEDULE; [PROPOSED] ORDER WILLIAM B. SHUBB , District Judge . On April 22, 2015, Defendant, ISMAEL GONZALEZ CHAVARRIA, by and through counsel, Assistant Federal Defender David M. Porter, filed a motion to reduce his sentence pursuant to 18 U.S.C. 3582(c)(2). CR 86. The government opposed the motion on May 11, 2015, on the ground that the nature and content of his plea agreement under Federal Rule of Criminal Procedure 11(
Summary: STIPULATED REQUEST TO CONTINUE DATE OF HEARING AND IMPOSE BRIEFING SCHEDULE; [PROPOSED] ORDER WILLIAM B. SHUBB , District Judge . On April 22, 2015, Defendant, ISMAEL GONZALEZ CHAVARRIA, by and through counsel, Assistant Federal Defender David M. Porter, filed a motion to reduce his sentence pursuant to 18 U.S.C. 3582(c)(2). CR 86. The government opposed the motion on May 11, 2015, on the ground that the nature and content of his plea agreement under Federal Rule of Criminal Procedure 11(c..
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STIPULATED REQUEST TO CONTINUE DATE OF HEARING AND IMPOSE BRIEFING SCHEDULE; [PROPOSED] ORDER
WILLIAM B. SHUBB, District Judge.
On April 22, 2015, Defendant, ISMAEL GONZALEZ CHAVARRIA, by and through counsel, Assistant Federal Defender David M. Porter, filed a motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2). CR 86. The government opposed the motion on May 11, 2015, on the ground that the nature and content of his plea agreement under Federal Rule of Criminal Procedure 11(c)(1)(C) precludes his eligibility for such reduction. Opp. at 1-2. Since the date of that filing, the hearing on this matter has been continued a number of times. It is currently set for Monday, July 11 at 9:00 a.m.
In light of the recent Ninth Circuit ruling in United States v. Davis, 2016 WL 3245043 (June 13, 2016), the parties hereby request a continuance of the hearing to August 8, 2016 to allow time for further briefing on the application of Davis to Mr. Chavarria's motion for reduction under 18 U.S.C. 3582(c)(2). The parties also request that this Court impose the following briefing schedule:
Additional Defense Brief: July 11, 2016
Government Response: July 29, 2016
Optional Defense Reply: August 3, 2016
ORDER
Pursuant to the parties' stipulation, and good cause appearing therefor, the hearing on Mr. Chavarria's motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2) is RESET from July 11, 2016, to Monday, August 8, 2016, at 9:00 a.m. The additional defense brief is due on or before July 11, 2016, the government's response is due on or before July 29, 2016 and the defense reply shall be filed no later than August 3, 2016.
