Opinion
No. CR 11-73 RS
10-03-2011
UNITED STATES OF AMERICA, Plaintiff, v. JUAN MANZANO CORTEZ, Defendant.
BARRY J. PORTMAN Federal Public Defender ELIZABETH M. FALK Assistant Federal Public Defender Counsel for Defendant MANZANO CORTEZ LOWELL POWELL Special Assistant United States Attorney
BARRY J. PORTMAN
Federal Public Defender
ELIZABETH M. FALK
Assistant Federal Public Defender
Counsel for Defendant MANZANO CORTEZ
STIPULATION AND [PROPOSED] ORDER CONTINUING SENTENCING
Date: October 4, 2011
Time: 2:30 p.m.
Court: The Honorable Richard Seeborg
STIPULATION
The parties agree to continue the sentencing in the above-captioned matter from October 4, 2011 until October 11, 2011 at 2:30 p.m. The purpose of the continuance is to enable defense counsel to write a sentencing memorandum for Mr. Cortez. Pursuant to the last continuance request, defense counsel was able to interview Mr. Cortez' father in the Spanish language and obtain a lengthy declaration from him. She received that declaration back signed last Tuesday, but was unable to write a sentencing memorandum for Mr. Cortez due to pressing matters on other cases. Defense counsel apologizes to the Court for this and asks for one additional week so she can remit a timely sentencing memorandum to this Court that serves the interests of justice in Mr. Cortez' case.
The sentencing is based on Mr. Manzano Cortez' open plea of guilty, and as such, it is important for this Court to have a thorough sentencing memorandum that touches on all the mitigating factors present in Mr. Cortez' case. Moreover, defense counsel recently heard from Mr. Cortez in writing that he does not object to a continuance of his sentencing date.
Special Assistant United States Attorney Lowell Powell has no objection to continuing the sentencing to October 11, 2011 as 2:30 p.m., as evidenced by his signature at the conclusion of this stipulation. Moreover, United States Probation Officer Christina Carruba has been contacted by defense counsel, and has no objection to continuing the sentencing to October 11, 2011 at 2:30 p.m. IT IS SO STIPULATED.
ELIZABETH M. FALK
Assistant Federal Public Defender
LOWELL POWELL
Special Assistant United States Attorney
[PROPOSED] ORDER
Based upon the aforementioned representations of the parties, it is hereby ORDERED that the sentencing in this matter be continued from October 4, 2011 to October 11, 2011 at 2:30 p.m.
THE HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE