Filed: Jul. 11, 2018
Latest Update: Jul. 11, 2018
Summary: STIPULATION AND [PROPOSED] ORDER VACATING JUDGMENT AND SENTENCING AND SETTING A STATUS CONFERENCE WILLIAM B. SHUBB , District Judge . The United States of America through its undersigned counsel, Brian Fogerty, Assistant United States Attorney, together with counsel for defendant Moctezuma Tovar, Thomas A. Johnson, Esq., counsel for defendant Sandra Hermosillo, Erin J. Radekin, Esq., counsel for defendant Jun Michael Dirain, Timothy Zindel, Esq., and counsel for defendant Manuel Herre
Summary: STIPULATION AND [PROPOSED] ORDER VACATING JUDGMENT AND SENTENCING AND SETTING A STATUS CONFERENCE WILLIAM B. SHUBB , District Judge . The United States of America through its undersigned counsel, Brian Fogerty, Assistant United States Attorney, together with counsel for defendant Moctezuma Tovar, Thomas A. Johnson, Esq., counsel for defendant Sandra Hermosillo, Erin J. Radekin, Esq., counsel for defendant Jun Michael Dirain, Timothy Zindel, Esq., and counsel for defendant Manuel Herrer..
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STIPULATION AND [PROPOSED] ORDER VACATING JUDGMENT AND SENTENCING AND SETTING A STATUS CONFERENCE
WILLIAM B. SHUBB, District Judge.
The United States of America through its undersigned counsel, Brian Fogerty, Assistant United States Attorney, together with counsel for defendant Moctezuma Tovar, Thomas A. Johnson, Esq., counsel for defendant Sandra Hermosillo, Erin J. Radekin, Esq., counsel for defendant Jun Michael Dirain, Timothy Zindel, Esq., and counsel for defendant Manuel Herrera, John R. Manning, Esq., hereby stipulate the following:
1. By previous order, this matter was set for judgment and sentencing on August 6, 2018.
2. By this stipulation the defendants now move to vacate the judgment and sentencing and set a status conference on October 1, 2018.
3. The parties agree and stipulate, and request the Court find the following:
a. Co-defendants Ruben Rodriguez and Jaime Mayorga are awaiting a ruling in the Ninth Circuit (oral argument is scheduled for August 16, 2018) which will determine whether or not there will be a third trial.
b. It is anticipated some of the defendants will testify if there is a third trial and therefore the parties believe vacating their sentencing and scheduling a status conference on October 1, 2018 is appropriate.
c. The government does not object to the continuance.
IT IS SO STIPULATED.
ORDER
IT IS SO FOUND AND ORDERED.
