Opinion
No. 1:08-cr-00087-AWI
02-28-2013
UNITED STATES OF AMERICA, Plaintiff, v. TERESA MARTINEZ-MARTINEZ, Defendant.
JOSEPH SCHLESINGER Acting Federal Defender CAROLYN M. WIGGIN Assistant Federal Defender Attorney for Defendant TERESA MARTINEZ-MARTINEZ BENJAMIN B. WAGNER United States Attorney ELANA S. LANDAU Assistant U.S. Attorney Attorney for Plaintiff
JOSEPH SCHLESINGER, #87692
Acting Federal Defender
CAROLYN M. WIGGIN, Bar #182732
Assistant Federal Defender
Designated Counsel for Service
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 498-5700
Attorney for Defendant
TERESA MARTINEZ-MARTINEZ
STIPULATION AND [PROPOSED] ORDER
TO MODIFY THE RECORD
Judge: Hon. Anthony W. Ishii
It is hereby stipulated and agreed to between the United States of America through ELANA S. LANDAU, Assistant United States Attorney, and defendant TERESA MARTINEZ-MARTINEZ, by and through her counsel, CAROLYN M. WIGGIN, Assistant Federal Defender, that pursuant to Federal Rule of Appellate Procedure 10(e)(2), the record be corrected in this case to include Ms. Martinez-Martinez's "DEFENDANT TERESA MARTINEZ'S FORMAL OBJECTIONS TO PRESENTENCE INVESTIGATION REPORT AND SENTENCING MEMORANDUM; EXHIBITS." This document, attached hereto as Exhibit A, was e-mailed to this Court and counsel for the United States on August 27, 2012, along with a request to file the document under seal. The document was never actually filed by the clerk under seal or otherwise. At Ms. Martinez-Martinez's sentencing hearing, however, the court indicated that it had received the "formal objections [to the presentence] report and certain documents that were submitted in this case." Transcript of September 4, 2012, Sentencing Proceeding, Docket No. 204, p. 3. Thus it appears that the Court actually received and considered Ms. Martinez-Martinez's formal Objections and Sentencing Memorandum despite the fact that this document was never filed by the clerk.
Where, as here, a document that was material to the defendant was omitted from the record. Federal Rule of Appellate Procedure 10(e)(2) allows this Court to modify the record. The parties respectfully ask that the Court modify the record by directing the clerk to file "DEFENDANT TERESA MARTINEZ'S FORMAL OBJECTIONS TO PRESENTENCE INVESTIGATION REPORT AND SENTENCING MEMORANDUM; EXHIBITS," which is attached as Exhibit A. The parties ask that the document be filed nunc pro tunc to August 27, 2012.
Respectfully submitted,
JOSEPH SCHLESINGER
Acting Federal Defender
___________
CAROLYN M. WIGGIN
Assistant Federal Defender
Attorney for Defendant
TERESA MARTINEZ-MARTINEZ
BENJAMIN B. WAGNER
United States Attorney
___________
ELANA S. LANDAU
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order.
The Clerk of the Court is directed to file "DEFENDANT TERESA MARTINEZ'S FORMAL OBJECTIONS TO PRESENTENCE INVESTIGATION REPORT AND SENTENCING MEMORANDUM; EXHIBITS," attached as Exhibit A, nunc pro tunc to August 27, 2012.
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ANTHONY W. ISHII
United States District Court Judge