LAWRENCE J. O'NEILL, Chief District Judge.
COMES NOW, Defendant, Ramberto Perez-Perez, by and through his attorney of record, Monica L. Bermudez and The United States of America, by and through its counsel of record hereby stipulate as follows:
1. By previous order, this matter was set for sentencing on November 13, 2018.
2. Defense counsel and the Assistant United States Attorney have been in discussion to withdraw Mr. Perez's plea agreement based on the recent decision in the Ninth Circuit Court of Appeals of Lorenzo v. Sessions.
3. Mr. Perez is in agreement to withdraw his plea and plea to an Information alleging a violation of Title 8, United States Code Section 1326(a) and (b)(1). He has signed all necessary paperwork.
4. Defense counsel will not be prepared to proceed to sentencing on November 13, 2018.
5. The parties therefore respectfully request that the sentencing/withdraw of plea hearing for Mr. Perez continued from Monday, November 13, 2018 to Monday, November 26, 2018.
IT IS SO STIPULATED.
Pursuant to the parties' stipulation and good cause shown, IT IS HEREBY ORDERED that defendant RAMBERTO PEREZ-PEREZ sentencing hearing, currently set for November 13, 2018, is hereby vacated and continued to November 26, 2018, at 9:00 a.m.
IT IS SO ORDERED.