STIPULATION TO CONTINUE SENTENCING HEARING

(First Request)

ANDREW P. GORDON, District Judge.

IT IS HEREBY STIPULATED AND AGREED, by and between Steven W. Myhre, Acting United States Attorney, and John Patrick Burns, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Brian Pugh, Assistant Federal Public Defender, counsel for James McMillan, that the Sentencing Hearing currently scheduled on Thursday, August 17, 2017, be vacated and continued to a date and time convenient to the Court, but no sooner than ninety (90) days.

This Stipulation is entered into for the following reasons:

1. Mr. McMillan has been unable to schedule an Pre-sentence Investigation Report ("PSR") interview with U.S. Probation ("USPO"). Mr. McMillan lives in Idaho and is a long-haul trucker who spends three to four weeks on the road. In addition, counsel for Mr. McMillan was recently in trial and was unable to assist the USPO in scheduling a PSR interview for Mr. McMillan. Defendant needs additional time to arrange a PSR interview and USPO needs additional time to prepare its PSR.

2. The defendant is not in custody and agrees with the need for the continuance.

3. The parties agree to the continuance.

This is the first request for a continuance of the sentencing hearing.

ORDER

IT IS THEREFORE ORDERED that the sentencing hearing currently scheduled for Thursday, August 17, 2017 at 10:00 a.m., be vacated and continued to November 30, 2017 at the hour of 9:00 a.m., Courtroom 6C; or to a time and date convenient to the court.