Opinion
NO. 1:11-CR-00253 LJO-SKO
04-08-2013
UNITED STATES OF AMERICA, Plaintiff, v. SAMUEL JOHNSON, Defendant.
BENJAMIN B. WAGNER United States Attorney ELANA LANDAU Assistant United States Attorney JON K. RENGE Attorney for Defendant SAMUEL JOHNSON
JON K. RENGE, Bar #188529
2100 Tulare Street, Suite 406
Fresno, California 93721
Telephone: (559) 444-0300
Attorney for Defendant
Samuel Johnson
STIPULATION TO CONTINUE SENTENCING
HEARING; ORDER DENYING IN PART
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Elana Landau, Assistant United States Attorney, counsel for Plaintiff, and Jon K. Renge, counsel for Defendant Samuel Johnson, that the sentencing hearing in the above-referenced matter now set for April 29, 2013 may be continued to June 10, 2013 at 9:00 A.M.
This continuance is requested by counsel for the Defendant because additional time is needed to research sentencing issues pertinent to this case. Counsel for the Defendant has been in jury trial in State Court Case F10903564 in the case of People v. Cervantes since April 2, 2013; the estimate given to the jury is ten to twelve court days. Furthermore, counsel for the Defendant has been pre-assigned to a trial department in State Court Case F10902527 in the case of People v. Landeros which is to commence on May 6, 2013; the first trial lasted approximately one month.
As this is a sentencing hearing, no exclusion of time is necessary under the Speedy Trial Act.
BENJAMIN B. WAGNER
United States Attorney
By: ELANA LANDAU
Assistant United States Attorney
By: JON K. RENGE
Attorney for Defendant
SAMUEL JOHNSON
ORDER
THE COURT CANNOT JUSTIFY A 6 WEEK CONTINUANCE OF A SENTENCING WHEN THE DEFENDANT IS IN LOCAL CUSTODY. THE COST FACTOR IS HIGHER PER DIEM THAN BEING HOUSED AT THE FEDERAL PENITENTIARY. THE COURT WILL GRANT THE SENTENCING CONTINUANCE TO MAY 20, 2013 AT 8:30 A.M. IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE