Opinion
Case No. 2:11-CR-00070 JAM
01-05-2012
MCGREGOR W. SCOTT (STATE BAR NO. 142413) COURTNEY J. LINN (STATE BAR NO. 148855) CAMERON L. DESMOND (STATE BAR NO. 268925) ORRICK, HERRINGTON & SUTCLIFFE LLP Attorneys for Defendant COLLINS CHRISTENSEN
MCGREGOR W. SCOTT (STATE BAR NO. 142413)
COURTNEY J. LINN (STATE BAR NO. 148855)
CAMERON L. DESMOND (STATE BAR NO. 268925)
ORRICK, HERRINGTON & SUTCLIFFE LLP
Attorneys for Defendant
COLLINS CHRISTENSEN
STIPULATION AND ORDER
CONTINUING RESTITUTION
HEARING
Judge: Hon. John A. Mendez
The parties, through their respective counsel, hereby stipulate, and respectfully request that the Court so order, that the restitution hearing, presently set for January 10, 2012, be continued until January 17, 2012.
In support of this Stipulation, the parties state as follows:
1. Mr. Christensen was sentenced on October 18, 2011;
2. During the sentencing, the Court continued the restitution hearing until January 10, 2012, pursuant to 18 U.S.C. § 3664(d)(5);
3. The requested date, January 17, 2012, comes within the 90-day time limit for conducting the restitution hearing, 18 U.S.C. § 3664(d)(5); Fed. R. Crim. P. 45;
4. A one-week continuance is necessary to procure Mr. Christensen's signed waiver of his right to appear at the hearing;
5. A continuance is also necessary to allow both parties time to review relevant evidence and to determine whether a stipulation of restitution is possible, thereby relieving the Court of the burden of conducting a hearing.
WHEREFORE, based on the foregoing, and for good cause shown, the parties hereby stipulate that the restitution hearing be continued from January 10, 2012, to January 17, 2012 at 9:30 a.m.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
MCGREGOR W. SCOTT
COURTNEY J. LINN
CAMERON L. DESMOND
Orrick, Herrington & Sutcliffe LLP
By: _________________________
MCGREGOR W. SCOTT
Attorneys for Defendant
COLLINS CHRISTENSEN
UNITED STATES ATTORNEY
BENJAMIN B. WAGNER
By: _________________________
Russell L. Carlberg
Assistant United States Attorney
PURSUANT TO STIPULATION, IT IS SO ORDERED.
_________________________
Hon. John A. Mendez
Judge of the District Court