STIPULATION AND ORDER TO CONTINUE SENTENCING HEARING

DALE A. DROZD, District Judge.

IT IS HEREBY STIPULATED by and between the parties hereto, through their respective counsel, that the sentencing hearing in the above-captioned matter now set for May 13, 2019, before the Honorable Dale A. Drozd, be continued until August 19, 2019 at 10:00 a.m.

The defense is requesting the additional time in order to allow Mr. Madrigal to complete his two-year commitment at the Delancey Street Foundation in San Francisco. He entered Delancey Street on June 15, 2017 and remains at the program in good standing. See Exhibit A: Letter from Delancey Street. Defense counsel spoke with the program and was informed Mr. Madrigal is currently in his "work out" phase of the program and is transitioning to employment in the community. The government has no objection to the requested date.

At this time, the defense would be also request the Court refer this matter to probation for preparation of a report and recommendation for sentencing and that Mr. Madrigal be allowed to complete the interview telephonically in order to minimize the disruption to his time at the program.

As Mr. Madrigal has already entered a guilty plea, no exclusion of time is necessary under the Speedy Trial Act pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(i) and (iv).

ORDER

The sentencing hearing in the above-entitled case shall be continued to August 19. 2019 at 10:00 a.m. In addition, this matter is referred to probation for preparation of a report and recommendation for sentencing and supplemental telephonic interview of the defendant if deemed appropriate by probation.

IT IS SO ORDERED.