STIPULATION TO CONTINUE DEFENDANT CLAUDIO MACIEL'S MAY 10, 2016 SENTENCING HEARING AND ORDER

WILLIAM H. ALSUP, District Judge.

This stipulation is submitted on behalf of the government and defendant CLAUDIO MACIEL. Mr. MACIEL has pleaded guilty to possession of a firearm in violation of 18 U.S.C. section 922(g)(1) on February 24, 2016. Mr. MACIEL is currently detained.

Defense counsel and the government submit this stipulation to postpone the sentencing hearing because of government counsel's obligations in other cases and because defense counsel wants the contested issues in United States v. Cestoni, CR 15-416-WHA, resolved prior to Maciel's sentencing. Specifically, AUSA Gray has opposition motions to a motion to suppress, a motion to dismiss, and a motion to return property due to be filed on May 3, 2016, in United States v. Salas, CR 14-0413-JSW. AUSA Dawson in presently in trial in United States v. McGaha, CR 15-0126-WHA. Both AUSA Gray and Dawson have post-trial pleadings due in United States v. Cestoni, CR 15-416-WHA, by noon on May 3, 2016. As a result, government counsel asks that the matter be continued to allow the government sufficient time to file its sentencing memorandum in this matter.

Defense counsel asks that the matter be continued because he believes that post-trial motions in Cestoni may have direct and/or indirect consequences on Mr. Maciel's sentencing hearing.

Given the foregoing, the parties to this stipulation respectfully request that the scheduled sentencing hearing on May 10, 2016 be vacated and continued until June 7, 2016, or until a later date of the Court's convenience.

ORDER

For the reasons stated in the parties' stipulation to vacate the May 10, 2016 sentencing hearing date for co-defendant, CLAUDIO MACIEL, it is hereby ORDERED that:

IT IS SO ORDERED.