STIPULATION AND ORDER TO DEFER DATE FOR DEFENDANT WILEY C. CHANDLER TO SURRENDER FOR SERVICE OF SENTENCE

[No hearing required]

WILLIAM B. SHUBB, District Judge.

RECITALS

A. On September 27, 2016, this Court issued a judgment as to Defendant Wiley C. Chandler, directing that he surrender for service of a seven month sentence before 2 p.m. on February 1, 2017, and that he pay a fine of $500,000, restitution of $614,982.44, and an assessment of $200 pursuant to a Schedule of Payments to be agreed on. (Doc. No. 564).

B. On November 4, 2016, this Court issued an Amended Judgment modifying other provisions in the Judgment. (Doc. No. 578).

C. Mr. Chandler has met, and continues to meet, with the Department of Justice to attempt to reach agreement on a Schedule of Payments. To date, Mr. Chandler has paid the government $210,499.35 towards his sentence.

D. Mr. Chandler represents and warrants the following: he is the owner and operator of an approximately 36,000 square foot grocery store located in Stockton, California. The grocery store is Mr. Chandler's primary means of supporting himself and his wife and the four (of his five) children that he still supports. (Mr. Chandler no longer engages in foreclosure activities.) Mr. Chandler has been working diligently to organize his affairs and to arrange for proper operation of the grocery store during his period of incarceration but needs a short amount of additional time to complete these tasks. Among other things, Mr. Chandler is in the process of remodeling portions of the grocery store and wishes to complete that process before he is incarcerated. Once the remodel is complete, Mr. Chandler intends to rent out the remodeled portions of the building and has retained a realtor for that purpose. The additional rent this is projected to generate is necessary for Mr. Chandler's family's support and to assist in the payment of amounts due under the judgment. Likewise, proper operation of the grocery store is essential both to the support of Mr. Chandler and his family and to enable Mr. Chandler to continue paying on his sentence. The recent payments Mr. Chandler has made on his judgment have severely impacted the amount of funds he has for ongoing operations, and he needs the additional time this stipulation requests to generate additional income.

E. Based on the foregoing representations by Mr. Chandler, the government has no objection to Mr. Chandler deferring the date on which he must surrender for sentence until February 28, 2017.

STIPULATION

IT IS STIPULATED AND AGREED by the United States and Mr. Chandler, through their attorneys of record, that Mr. Chandler's judgment be amended so that he may defer the date on which he must surrender for service of his sentence until 2 p.m. on February 28, 2017.

ORDER

It is so ordered. Mr. Chandler shall surrender for service of sentence before 2:00 p.m. on February 28, 2017.