Filed: May 09, 2016
Latest Update: May 09, 2016
Summary: STIPULATIONTO CORRECT RECORD RE: APRIL 6, 2011 EX-PARTE HEARING; DECLARATION OF LUPE MARTINEZ; [PROPOSED] ORDER (Volume 7 Pages 1663-1667) WILLIAM ALSUP , District Judge . Defendants/Appellants, Angel Noel Guevara through his undersigned counsel, identified below, and the government through Assistant United States Attorney Barbara Valliere, pursuant to Federal Rule of Appellate Procedure 10(e)(1), (2) stipulate as follows: 1. The reporter's transcript for the proceedings of April 6, 2011
Summary: STIPULATIONTO CORRECT RECORD RE: APRIL 6, 2011 EX-PARTE HEARING; DECLARATION OF LUPE MARTINEZ; [PROPOSED] ORDER (Volume 7 Pages 1663-1667) WILLIAM ALSUP , District Judge . Defendants/Appellants, Angel Noel Guevara through his undersigned counsel, identified below, and the government through Assistant United States Attorney Barbara Valliere, pursuant to Federal Rule of Appellate Procedure 10(e)(1), (2) stipulate as follows: 1. The reporter's transcript for the proceedings of April 6, 2011,..
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STIPULATIONTO CORRECT RECORD RE: APRIL 6, 2011 EX-PARTE HEARING; DECLARATION OF LUPE MARTINEZ; [PROPOSED] ORDER (Volume 7 Pages 1663-1667)
WILLIAM ALSUP, District Judge.
Defendants/Appellants, Angel Noel Guevara through his undersigned counsel, identified below, and the government through Assistant United States Attorney Barbara Valliere, pursuant to Federal Rule of Appellate Procedure 10(e)(1), (2) stipulate as follows:
1. The reporter's transcript for the proceedings of April 6, 2011, Volume 7, at pages 1663-1667, indicates an ex-parte hearing was conducted with all defendants present.
2. The government and Guevara stipulate that neither Guevara or his counsel or any defendants or their counsel were present for the ex-parte hearing described at pages 1663-1667 of Volume 7 of the reporter's transcript. The sealed reporter's transcript of the ex-parte hearing of April 6, 2011, Volume 7A, indicates that neither Guevara or his counsel or any defendants or their counsel were present at the ex-parte hearing.
IT IS SO STIPULATED.
Dated: May 4, 2016 BRIAN STRETCH
United States Attorney
Northern District of California
_____/S/_______________________
BARBARA VALLIERE
Assistant United States Attorneys
I, Lupe Martinez, declare:
1. I am an attorney licensed to practice law in the State and Federal Courts of California and was appointed to represent appellant Angel Noel Guevara in the district court at trial and on appeal in the above-entitled case.
2. I did not attend an ex-parte hearing on April 6, 2011 as indicated at ex parte hearing transcript for April 7, 2011, Volume 7 at pages 1663-1667.
I declare under penalty of perjury that the foregoing is true and correct.
IT IS SO ORDERED.
