Opinion
BENJAMIN B. WAGNER, United States Attorney, KIRK E. SHERRIFF, HENRY Z. CARBAJAL III, Assistant United States Attorneys, Fresno, CA. Attorneys for the United States of America.
JAMES R. HOMOLA, Counsel for Defendant, EVELYN BRIGGET SANCHEZ.
ERIC V. KERSTEN, Counsel for Defendant, DARLING ARLETTE MONTALVO.
STIPULATION AND ORDER RESETTING RESTITUTION HEARING
ANTHONY W. ISHII, Senior District Judge.
The United States of America, by and through its counsel of record, and defendants, by and through their counsel of record, hereby stipulate as follows:
1. Defendant Evelyn Brigget Sanchez was sentenced by the Court on April 13, 2015, following conviction after a jury trial of one count of conspiracy to commit mail, wire and bank fraud (18 U.S.C. § 1349), and eleven counts of mail fraud (18 U.S.C. § 1341).
2. Defendant Darling Arlette Montalvo was sentenced by the Court on April 13, 2015, following conviction after a jury trial of one count of conspiracy to commit mail, wire and bank fraud (18 U.S.C. § 1349), ten counts of mail fraud (18 U.S.C. § 1341) and one count of money laundering and aiding and abetting (18 U.S.C. §§ 1957 and 2).
2. Pursuant to 18 U.S.C. § 3664(d)(5), the Court set a hearing on restitution to determine victims' losses as to each defendant for June 22, 2015 at 10:00 a.m.
3. The parties agree that restitution is mandatory as to each defendant, and that the Court must order restitution as to each defendant pursuant to 18 U.S.C. § 3663A(c)(1)(A)(ii). However, the parties are still attempting to determine whether they can reach an agreement and stipulation as to the restitution amount owed by each defendant, respectively, and request additional time to address this issue. The parties thus request that the restitution hearing for both defendants be reset to July 27, 2015 at 10:00 a.m. The defendants agree that there is no prejudice to them from the continuance. The parties agree that the continuance will conserve time and resources for the parties and the Court.
4. The agreed restitution hearing on July 27, 2015 will take place more than 90 days after the defendants' sentencing hearings. The parties agree that pursuant to Dolan v. United States, 560 U.S. 605, 608 (2010), the Court may order that each defendant pay restitution pursuant to this stipulation and order, which satisfies the deadline set forth in 18 U.S.C. § 3664(d)(5), with a determination of the amount and apportionment of restitution to occur either by stipulation or at the continued restitution hearing.
IT IS SO STIPULATED.
ORDER
IT IS SO FOUND AND ORDERED this 18th day of June, 2015. The Court orders defendants Evelyn Brigget Sanchez and Darling Arlette Montalvo to pay restitution, as restitution is mandatory pursuant to their respective convictions at trial for conspiracy, mail fraud, and money laundering, and 18 U.S.C. § 3663A(c)(1)(A)(ii). The remaining issue of the amount and apportionment of restitution shall be resolved at or before a restitution hearing on July 27, 2015 at 10:00 a.m.
IT IS SO ORDERED.