Opinion
CR. NO. S-10-0238 EJG
01-13-2012
UNITED STATES OF AMERICA, Plaintiff, v. THEODORE B. HUTZ, Defendant.
BENJAMIN B. WAGNER United States Attorney RUSSELL L. CARLBERG Assistant U.S. Attorney ANNA TRYON PLETCHER TAI S. MILDER Trial Attorneys U.S. Department of Justice Antitrust Division Sharis A. Pozen Acting Assistant Attorney General Kresta Daly* By: KRESTA DALY Counsel for Defendant *Signed with permission.
BENJAMIN B. WAGNER
United States Attorney
RUSSELL L. CARLBERG
Assistant U.S. Attorney
ANNA TRYON PLETCHER
TAI S. MILDER
Trial Attorneys
U.S. Department of Justice
Antitrust Division
STIPULATION AND ORDER TO
CONTINUE STATUS CONFERENCE
THE PARTIES HEREBY STIPULATE AS FOLLOWS:
On December 15, 2011, the Court issued an order relating Mr. Hutz's case to United States v. Chandler, et al., Cr. No. S-11-511 EJG. Related Case Order, Dkt. 31. The five defendants charged in United States v. Chandler, Wiley C. Chandler, Andrew B. Katakis, Donald M. Parker, Anthony B. Joaquim, and W. Theodore Longley, are set to appear before the Court on January 27, 2012.
Mr. Hutz is also presently scheduled to appear on January 27, 2012 for a Status Conference regarding Judgment and Sentencing. Mr. Hutz, however, may be called as a witness at the trial of the defendants in United States v. Chandler. As such, the government will not be able to fully determine its sentencing recommendation until such trial.
Per agreement with the government and defense counsel, it is respectfully requested that the status conference currently set for January 27, 2012, at 10:00 a.m. be continued to April 27, 2012. The United States Probation Office is in accord with this approach. It is anticipated that at that time, the parties will be in a better position to request a new Judgment and Sentencing date and disclosure schedule for the pre-sentence report.
Respectfully Submitted,
Benjamin B. Wagner
United States Attorney
By: Russell Carlberg*
RUSSELL L. CARLBERG
Assistant U.S. Attorney
Sharis A. Pozen
Acting Assistant Attorney General
By: Anna Pletcher
ANNA TRYON PLETCHER
TAI S. MILDER
Trial Attorneys
Antitrust Division
Kresta Daly*
By: KRESTA DALY
Counsel for Defendant
*Signed with permission.
ORDER
For the reasons stated above, the Court reschedules the status conference regarding judgment and sentence to April 27, 2012.
IT IS SO ORDERED.
_________________________
EDWARD J. GARCIA
UNITED STATES DISTRICT JUDGE