Opinion
NO. 1:12-CR-00253 AWI-BAM-1
01-24-2013
UNITED STATES OF AMERICA, Plaintiff, v. NESTOR BARBARITO-MARTINEZ Defendant.
JOSEPH SCHLESINGER, Bar #87692 Acting Federal Defender ERIC V. KERSTEN, Bar #226429 Assistant Federal Defender Designated Counsel for Service Attorneys for Defendant NESTOR BARBARITO-MARTINEZ KAREN A. ESCOBAR Assistant U.S. Attorney Attorneys for Plaintiff
JOSEPH SCHLESINGER, Bar #87692
Acting Federal Defender
ERIC V. KERSTEN, Bar #226429
Assistant Federal Defender
Designated Counsel for Service
Attorneys for Defendant
NESTOR BARBARITO-MARTINEZ
STIPULATION TO ADVANCE SENTENCING AND ORDER THEREON
Date: January 28, 2013
Judge: Hon. Anthony W. Ishii
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KAREN A. ESCOBAR, Assistant United States Attorney, counsel for plaintiff, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant Nestor Barbarito-Martinez, that the date for sentencing in this matter may be advanced to January 28, 2013, or the soonest date thereafter that is convenient to the court. The date currently set for sentencing is February 19, 2013. The requested new date is January 28, 2013, at 10:00 a.m.
Mr. Barbarito-Martinez has received and reviewed the Advisory Guideline Presentence Investigation Report (PSR) prepared by the United States Probation Office. There are no disputed sentencing issues and Mr. Barbarito-Martinez does not object to any information contained in the PSR. The sentence recommended in the PSR is consistent with the jointly recommended sentence in the plea agreement of the parties. Because there is nothing more to be done prior to sentencing, defendant Nestor Barbarito-Martinez requests that the sentencing date be advanced in order to bring finality to this matter and to minimize the amount of time spent in the Fresno County Jail. AUSA Karen A. Escobar has no objection to this request.
The parties agree that advancing the sentencing date in this matter will further the ends of justice.
BENJAMIN B. WAGNER
United States Attorney
By: _______________
KAREN A. ESCOBAR
Assistant U.S. Attorney
Attorneys for Plaintiff
JOSEPH SCHLESINGER
Acting Federal Defender
By: _______________
ERIC V. KERSTEN
Assistant Federal Defender
Attorneys for Defendant
NESTOR BARBARITO-MARTINEZ
ORDER
IT IS SO ORDERED.
_______________
SENIOR DISTRICT JUDGE