STIPULATION AND ORDER CONTINUING ADMIT OR DENY HEARING

JOHN A. MENDEZ, District Judge.

IT IS HEREBY STIPULATED by and between assistant U.S. Attorney Timothy Delgado, counsel for the plaintiff United States of America, and John E. Virga, counsel for Defendant Armando Tabarez, that the Admit or Deny Hearing currently scheduled for October 4, 2016, at 9:15 a.m., be continued until October 25, 2016, at 9:15 a.m.

Mr. Tabarez has a pending case in Sacramento Superior Court case number 15F05621 that involves the same allegations that gave rise to his revocation of supervised release in this case. The resolution of the state case has been prolonged because of issues with physically producing Mr. Tabarez in court. To date he has been present for one of the eleven hearings on his case. Despite this issue, defense counsel has completed investigations and worked toward resolution of the case. The parties believe that resolving the state case first would greatly expedite a resolution of the federal case.

On September 28, 2016, defense counsel appeared in Sacramento Superior Court and discussed settlement with the Sacramento County Deputy District Attorney handling the prosecution. Defense counsel believes that it is getting close to resolving the state case. Further, on September 28, 2016, defense counsel spoke with the United States Probation Officer Garey R. White who agreed that a brief continuance would assist in resolving both cases. Defense counsel asks for this continuance in an effort to coordinate resolutions in both cases.

Timothy Delgado agrees to this request and has authorized John E. Virga to sign this stipulation on his behalf. Further, United States Probation Officer Garey R. White also agrees with this request.

ORDER

Based upon the representations by counsel and the stipulation of the parties, IT IS HEREBY ORDERED that:

The admit or deny hearing date of October 4, 2016, at 9:15 a.m. is vacated, and continued until October 25, 2016, at 9:15 a.m.