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United States v. Barai, 2:16-cr-00217-MCE. (2019)

Court: District Court, E.D. California Number: infdco20191223939 Visitors: 8
Filed: Dec. 20, 2019
Latest Update: Dec. 20, 2019
Summary: STIPULATION AND ORDER TO CONTINUE JUDGMENT AND SENTENCING WILLIAM B. SHUBB , District Judge . STIPULATION Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Katherine Lydon and Assistant United States Attorney Jason Hitt; defendant, Sharmistha Barai, by and through her counsel, Erin J. Radekin; and defendant, Satish Kartan, by and through his counsel, John R. Duree, Jr., agree and stipulate to vacate the date set for judgment and sentencing, J
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STIPULATION AND ORDER TO CONTINUE JUDGMENT AND SENTENCING

STIPULATION

Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Katherine Lydon and Assistant United States Attorney Jason Hitt; defendant, Sharmistha Barai, by and through her counsel, Erin J. Radekin; and defendant, Satish Kartan, by and through his counsel, John R. Duree, Jr., agree and stipulate to vacate the date set for judgment and sentencing, January 30, 2020 at 10:00 a.m. in the above-captioned matter, and to continue judgment and sentencing to March 19, 2020 at 10:00 a.m. in the courtroom of the Honorable Morrison C. England, Jr.

The reason for this request is that counsel for the defendants need additional time to prepare for sentencing, which includes reviewing the trial transcripts, the pre-sentence reports, all sentencing briefing filed to date, relevant portions of discovery, and investigation into mitigation for use at sentencing. Mr. Kartan recently retained new counsel, John R. Duree, Jr., in early December 2019. See ECF nos. 269, 270. Ms. Barai's counsel, Ms. Radekin, was retained in September 2019. See ECF nos. 243, 246. The transcripts of the complete trial, consisting of approximately 1000 pages, were only recently completed and provided to Ms. Radekin—on November 29, 2019. The probation officer in this matter, Shannon Moorehouse, is available on the date requested. The Court is advised that Ms. Lydon, Mr. Hitt, and Mr. Duree concur with this request and have authorized Ms. Radekin to sign this stipulation on their behalf.

Accordingly, the parties respectfully request the Court adopt this proposed stipulation. IT IS SO STIPULATED.

Dated: December 16, 2019 McGREGOR W. SCOTT United States Attorney KATHERINE LYDON Assistant United States Attorney JASON HITT Assistant United States Attorney Dated: December 16, 2019 ERIN J. RADEKIN Attorney for Defendant SHARMISTHA BARAI Dated: December 16, 2019 JOHN R. DUREE, JR. Attorney for Defendant SATISH KARTAN

ORDER

For the reasons set forth in the accompanying stipulation and declaration of counsel, the date set for judgment and sentencing, January 30, 2020, is VACATED and, due to the unavailability of the Court, the above-captioned matter is set for judgment and sentencing on April 30, 2020 at 10:00 a.m.

IT IS SO ORDERED.

Source:  Leagle

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