Opinion
Case No.:11-CR-00081 LJO
01-31-2012
UNITED STATES OF AMERICA, Plaintiff, v. JOHN BACA Defendant,
LAW OFFICE OF DAVID A. TORRES Attorney at Law, SBN 135059 Attorney for Defendant JOHN BACA DAVID A. TORRES Attorney for Defendant JOHN BACA BRIAN WILLIAM ENOS U. S. Attorney
LAW OFFICE OF DAVID A. TORRES
Attorney at Law, SBN 135059
Attorney for Defendant
JOHN BACA
STIPULATION AND PROPOSED
ORDER TO CONTINUE
SENTENCING HEARING
TO: THE CLERK OF THE UNITED STATES DISTRICT COURT, HONORABLE: LAWRENCE J. O'NEILL AND BRIAN WILLIAM ENOS, UNITED STATES ATTORNEY:
COMES NOW Defendant, JOHN BACA by and through his attorney of record, DAVID A. TORRES hereby request that the sentencing hearing currently set for February 13, 2012 be continued to February 21, 2012, or a date convenient to the court and counsel.
This is a mutual agreement between myself, and Assistant United States Attorney Brian William Enos. The reason for the continuance is as follows:
1. Mr. Baca's original sentencing date is currently scheduled for Feb 13, 2012.
2. In preparing for the sentencing, I referred my client to meet with a psychiatrist in order to provide mitigating circumstances at the time of his sentencing hearing.
Unfortunately, the psychiatrist did not have the report prepared until late January 2012.
3. Additional time is needed in order to prepare and file a Sentencing Memorandum and to allow the AUSA time to review and if necessary file a response if he so chooses.
The defendant is willing to continue, excluding time through the next court appearance and that the ends of justice in the exclusion outweigh defendant's speedy trial rights.
The parties also agree that the delay resulting from the continuance shall be excluded in the interest of justice pursuant to 18 U.S.C. §3161 (h)(7)(A) and §3161 (h)(7)(B)(i) & (iv).
Based upon the foregoing, I respectfully request that this matter be continued to February 21, 2012.
IT IS SO STIPULATED.
_________________________
DAVID A. TORRES
Attorney for Defendant
JOHN BACA
_________________________
BRIAN WILLIAM ENOS
U. S. Attorney
ORDER
IT IS SO ORDERED. Time is excluded in the interest of justice pursuant to 18 U.S.C. §3161(h)(7)(A) and §3161 (h)(7)(B)(i) & (iv).
IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE