Opinion
Case No: CR10-0668RS
10-06-2011
UNITED STATES OF AMERICA Plaintiff, v. RANDALL CLARY Defendant
KEVIN BARRY Assistant United States Attorney Counsel for United States DIANA L.WEISS Attorney for Defendant RANDALL CLARY
DIANA L. WEISS (SBN 121150)
Attorney At Law
Attorney for Defendant
RANDALL CLARY
STIPULATION AND [PROPOSED] ORDER TO CONTINUE SENTENCING
HEARING TO DECEMBER 13, 2011
On September 30, 2011, defendant Clary's Motion to Relieve Defense Counsel was heard before the Hon. Magistrate Corley. The Court granted defendant's Motion to Relieve Mr. Babcock as his attorney and appointed Diana L. Weiss, to represent him. The court then denied Mr. Clary's motion to represent himself.
Defense counsel requires additional time to prepare the case including time to review the file and Mr. Clary's voluminous mental health records, and to determine if there are objections to the Presentence Report that has been prepared.
The parties therefore stipulate that the sentencing hearing set for October 18,2011 be vacated and that the matter be reset for December 13, 2011 at 2:30 pm.
SO STIPULATED.
KEVIN BARRY
Assistant United States Attorney
Counsel for United States
DIANA L.WEISS
Attorney for Defendant
RANDALL CLARY
SO ORDERED.
HONORABLE RICHARD SEEBORG
United States District Judge