Opinion
HEATHER E. WILLIAMS, Federal Defender, ERIN SNIDER, Assistant Federal Defender, Fresno, CA, Attorney for Defendant COVONDANAY GUTIERREZ.
MATTHEW MCNEASE, Yosemite Legal Officer, Counsel for the Plaintiff.
STIPULATION TO CONTINUE SELF-SURRENDER DATE; ORDER
MICHAEL J. SENG, Magistrate Judge.
IT IS HEREBY STIPULATED by and between the parties through their respective counsel, Yosemite Legal Officer Matthew McNease, counsel for the plaintiff, and Assistant Federal Defender Erin Snider, counsel for defendant Covondanay Gutierrez, that Mr. Gutierrez's self-surrender date be continued from November 28, 2015, to January 11, 2016.
On October 6, 2015, this Court revoked Mr. Gutierrez's probation and sentenced him to serve ten days in custody, with credit for one day of time served. The Court authorized Mr. Gutierrez to serve the time on weekends, so Mr. Gutierrez could avoid missing work, and ordered him to self-surrender on October 30, 2015. Defense counsel subsequently learned that the Bureau of Prisons would not honor the Court's recommendation that Mr. Gutierrez serve the time on the weekends. On October 22, 2015, the parties filed a stipulation requesting that the Court continue Mr. Gutierrez's self-surrender date to allow him time to make arrangements to miss work. The Court granted the parties' request and continued Mr. Gutierrez's self-surrender date to November 28, 2015.
Since the Court granted the parties' request, Mr. Gutierrez has been actively working with his employer to take time off so that he can serve the nine days as ordered by the Court. However, Mr. Gutierrez's employer has now indicated that Mr. Gutierrez cannot have the time off in late November because his employer needs him to be working around the holiday season, particularly in the days surrounding Black Friday. Mr. Gutierrez will also have difficulty getting time off from work in December due to the holiday season. Therefore, Mr. Gutierrez requests that the Court continue his self-surrender date to January 11, 2016, so that he can serve his time without losing his job.
ORDER
IT IS SO ORDERED. Mr. Gutierrez's self-surrender date is hereby continued from November 28, 2015, to January 11, 2016. Mr. Gutierrez shall surrender to the institution designated by the Bureau of Prisons on that date, in accordance with the instructions of the United States Marshal Service.
IT IS SO ORDERED.