Opinion
No. 1:11-cr-00038 LJO
08-09-2011
UNITED STATES OF AMERICA, Plaintiff, v. DEMOND JAMES HAYDEN, Defendant.
BENJAMIN B. WAGNER United States Attorney ELANA S. LANDAU Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender CHARLES J. LEE Assistant Federal Defender Attorney for Defendant DEMOND JAMES HAYDEN
DANIEL J. BRODERICK, Bar #89424
Federal Defender
CHARLES J. LEE, Bar #221057
Assistant Federal Defender
Designated Counsel for Service
Attorney for Defendant
DEMOND JAMES HAYDEN
STIPULATION AND ORDER TO CONTINUE SENTENCING HEARING
JUDGE: Hon. Lawrence J. O'Neill
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel that the sentencing hearing in the above-captioned matter now set for August 19, 2011, may be continued to September 23, 2011 at 9:00 A.M.
This continuance is at the request of defense counsel to allow time for proper preparation of the sentencing hearing. Based on the presentence investigation report by the probation department, defense feels it is necessary to acquire certain court documents relating to Mr. Hayden's prior convictions. Additionally, because Mr. Hayden has been housed at the Lerdo facility, reviewing documents and meeting with the client has been more difficult. If the court were to grant defense's requested continuance, defense is confident it would have all necessary investigation completed and its sentencing memorandum filed in a timely fashion as well by the requested date.
Because this is a sentencing hearing, no exclusion of time is necessary under the Speedy Trial Act.
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
ELANA S. LANDAU
Assistant United States Attorney
Attorney for Plaintiff
DANIEL J. BRODERICK
Federal Defender
CHARLES J. LEE
Assistant Federal Defender
Attorney for Defendant
DEMOND JAMES HAYDEN
ORDER
Good Cause exists as stated in the stipulation. The request is granted.
IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE