PARTIES' JOINT REQUEST (1) FOR REFERRAL TO PROBATION OFFICE FOR PREPARATION OF PRESENTENCE REPORT AND (2) TO SET A SENTENCING DATE;

AND ORDER THEREON

MAXINE M. CHESNEY, District Judge.

The parties now jointly request that the Court (1) refer this matter to the Probation Office for preparation of the Presentence Report and (2) set the matter for sentencing on August 29, 2018, at 2:15 p.m. In support of this request, the parties state as follows:

1. On April 16, 2014, the defendant G. John Roy Panelli pleaded guilty to the charges against him in the Superseding Information. The defendant's plea was pursuant to a plea agreement in which he agreed to cooperate with the government's investigation and prosecution of other individuals. His plea agreement was placed under seal at the request of the parties.

2. At the time of the defendant's entry of plea, based on the defendant's ongoing cooperation with the United States' investigation and prosecution of other individuals, the parties requested that the Court set no sentencing date. Furthermore, the parties requested that no referral be made to the Probation Office at that time for the preparation of the Presentence Report. The Court granted both of those requests. Since that time, the Court has set a series of sentencing status dates, which have been continued on paper numerous times pending the trial of the case United States v. Marcus Felder, CR 14-0536 MMC.

3. The defendant Panelli had provided information regarding Felder on several occasions before Felder was indicted. Before the Court's suppression orders in this case, the United States anticipated that it was likely that Panelli would testify at the Felder trial.

4. Although the defendant Panelli did not testify at the Felder trial that was held in February 2018, it is possible that Mr. Panelli may be able to provide cooperation and assistance regarding sentencing in the Felder case. That sentencing is now set for May 30, 2018.

5. Accordingly, for all of the reasons set forth above, the parties jointly request (1) that the Court now refer this case to the Probation Office for preparation of the Presentence Report with respect to the defendant Panelli and (2) that the Court set a sentencing date of August 29, 2018, at 2:15 p.m., for the defendant Panelli.

A proposed Order is submitted herewith.

[PROPOSED] ORDER

For the reasons stated in the parties' Joint Request, the Court hereby refers this case to the Probation Office for preparation of a presentence investigation report. Sentencing in this matter is set for August 29, 2018, at 2:15 p.m.