Opinion
Docket Number: 2:09CR00393-01
09-30-2011
RE: Jawid WAHIDI
Philip A. Ferrari Assistant United States Attorney Anthony P. Capozzi Defense Counsel
MEMORANDUM
Honorable John A. Mendez
United States District Judge
Sacramento, California
Current Sentencing Date: 10/20/2011
REQUEST TO SET STATUS HEARING
RE: JUDGMENT AND SENTENCING
Your Honor:
On May 10, 2011, the defendant entered into a plea agreement, pled guilty to a violation of 18 USC 1341 - Mail Fraud (under special agreements with the Government), and was set for judgment and sentencing. In this regard, and due to availability of defense counsel, the matter was continued by the defense, with the Government's agreement, to the current sentencing date.
Since then, the defendant and his counsel have been unable to keep scheduled appointments for the presentence investigation interview and have not submitted any documents to that end. Further, it appears, by representation of defense counsel, the defendant intends to honor his special agreements with the government but has yet to do so. This delayed the presentence report process and the current disclosure schedule is now obsolete. Defendant's agreement with the Government remains pending. With these facts in mind, it is respectfully recommended that the Court vacate the judgment and sentencing date of October 18, 2011, and the schedule of disclosure. Further, it is recommended that the Court order a Status Hearing re: Judgment and Sentencing for October 18, 2011, at 9:30 a.m.
Respectfully submitted,
THOMAS H. BROWN
Senior United States Probation Officer
Dated: September 28, 2011
Sacramento, California
THB:thb
REVIEWED BY:
JEFFREY C. OESTREICHER
Supervising United States Probation Officer
cc: Philip A. Ferrari
Assistant United States Attorney
Anthony P. Capozzi
Defense Counsel
AGREE: X DISAGREE: ____
JOHN A. MENDEZ
United States District Judge