Opinion
CR S CR 07-515-03-WBS
09-22-2011
UNITED STATES OF AMERICA, Plaintiff, v. ALEX HERNANDEZ, Defendant.
MICHAEL M. BECKWITH Assistant U.S. Attorney Attorneys for Plaintiff DAVID J. COHEN Attorneys for Defendant ALEX HERNANDEZ
DAVID J. COHEN, ESQ.
California Bar No. 145748
BAY AREA CRIMINAL LAWYERS, PC
300 Montgomery Street, Suite 660
San Francisco, CA 94104
Telephone: (415) 398-3900
Attorneys for Defendant Alex Hernandez
STIPULATION RE-SCHEDULING
SENTENCING HEARING AND
[PROPOSED] ORDER THEREON
Defendant Alex Hernandez, by and through his attorney of record, David J. Cohen, Esq., and Assistant United States Attorney, Michael M. Beckwith, Esq., after due consultation with Senior United States Probation Officer Thomas H. Brown, jointly request an extension of time for the sentencing hearing in this matter.
The parties stipulate and agree that the sentencing hearing in this case should be continued from September 26, 2011 at 8:30 a.m. to December 12, 2011 at 9:30 a.m.
The reason for this stipulation is as follows:
1. Mr. Cohen has been in trial since August 22, 2011 in the case of People v. Henaghan (Case No. SC067648) in the county of San Mateo. The defendant in that case was facing a life sentence. That case concluded on September 19, 2011 - the same day that the sentencing memorandum in this case was due. Because of the serious nature and lengthy proceedings related to Mr. Henaghan's trial, Mr. Cohen has been unable to devote time to preparing the sentencing memorandum in this case.
2. Mr. Cohen's associate, Jason T. Campbell, Esq., contacted the Court and spoke with Ms. Kirksey-Smith who explained that the Court had no dates available for sentencing between October 3, 2011 and December 12, 2011. Mr. Campbell consulted with Mr. Beckwith and both agreed that, given the limited dates available, December 12, 2011 would be more convenient.
3. On September 21, 2011, Mr. Campbell contacted Senior United States Probation Officer Thomas H. Brown. Officer Brown indicated that he had no objection to this request.
IT IS SO STIPULATED.
BENJAMIN B. WAGNER
United States Attorney
By: MICHAEL M. BECKWITH
Assistant U.S. Attorney
Attorneys for Plaintiff
By: DAVID J. COHEN
Attorneys for Defendant
ALEX HERNANDEZ
IT IS SO ORDERED.
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE