Opinion
Case No.: 1:09-cr-00339-LJO
10-13-2011
UNITED STATES OF AMERICA, laintiff, v. JESUS DURAN, Defendant
ANNETTE T. SMURR Attorney for Defendannt JESUS DURAN
Annette T. Smurr, Esq., SBN 138052
LAW OFFICE OF ANNETTE T. SMURR
STIPULATION: TO CONTINUE DATE
OF SENTENCING AND DUE DATE FOR
OBJECTION TO PRESENTENCE
INVESTIGATION REPORT;
ORDER OF DENIAL TO CONTINUE
Defendant, JESUS DURAN, by and through his attorney of record, ANNETTE T. SMURR, and THE UNITED STATES OF AMERICA, by and through its attorneys of record, BENJAMIN B, WAGNER, United States Attorney, and KATHLEEN A.
SERVATIUS, Assistant United States Attorney, hereby enter into the following STIPULATION:
1. The parties to the above-captioned matter agree to vacate the current Sentencing date of October 31, 2011 at 1:30 p.m. and to continue Sentencing to November 21, 2011 at 1:30 p.m.
2. The parties agree to vacate the current filing date of October 21, 2011 for the defendants Objection to the Presentence Investigation Report and to continue that date until November 11, 2011.
ANNETTE T. SMURR
Attorney for Defendannt
JESUS DURAN
BY: KATHLEEN SERVATIUS
KATHLEEN A. SERVATIUS
ASSISTANT U.S. ATTORNEY
Having read and considered the foregoing STIPULATION The request is DENIED. Good cause has not been stated on the issue of why The objections were not timely filed. A stipulation itself does not Constitute good cause. Without a good cause declaration, the objections will be deemed waived and the sentencing will go forward as scheduled.
IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE