Opinion
NO. 1:11-cr-00047 LJO
08-31-2011
UNITED STATES OF AMERICA, Plaintiff, v. SERGIO VICTOR GARCIA, Defendant.
Respectfully submitted, BENJAMIN B. WAGNER United States Attorney YASIN MOHAMMAD Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender MELODY M. WALCOTT Assistant Federal Defender Attorney for Defendant SERGIO VICTOR GARCIA
DANIEL J. BRODERICK, #89424
Federal Defender
MELODY M. WALCOTT, Bar #219930
Assistant Federal Defender
Attorney for Defendant
SERGIO VICTOR GARCIA
STIPULATION TO CONTINUE SENTENCING
HEARING ; ORDER
Judge: Hon. Lawrence J. O'Neill
IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys of record herein, that the sentencing hearing in the above-captioned matter now set for September 2, 2011 may be continued to September 23, 2011 at 9:00 A.M.
This continuance is requested by counsel for defendant. The recent case decided by the Ninth Circuit Court of Appeals on August 11, 2011, U.S.A. v. Aguila-Montes, may impact the prior conviction decision in this matter. Counsel needs additional time to file a supplemental sentencing memorandum on defendant's behalf and the government will, no doubt, need time to respond. The requested continuance will serve the ends of justice and result in economic use of time and resources, and will conserve time and resources for all parties and the court. Assistant United States Attorney Yasin Mohammad has no objection to this request.
Because this is a sentencing hearing, no exclusion of time waiver is need for the period of time set forth herein
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
YASIN MOHAMMAD
Assistant United States Attorney
Attorney for Plaintiff
DANIEL J. BRODERICK
Federal Defender
MELODY M. WALCOTT
Assistant Federal Defender
Attorney for Defendant
SERGIO VICTOR GARCIA
ORDER
Good cause exists. The request is granted. IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE