Opinion
2:09-CR-0444 EJG
08-24-2011
UNITED STATES OF AMERICA, Plaintiff, v. JERRY VAN LE, Defendant.
Respectfully submitted, BENJAMIN B. WAGNER United States Attorney By: KYLE REARDON Assistant U.S. Attorney MARK S. AXUP Counsel for the defendant
BENJAMIN B. WAGNER
United States Attorney
KYLE REARDON
Assistant U.S. Attorney
ORDER CONTINUING RESTITUTION
HEARING
Court: Hon. Edward J. Garcia
The parties request that the hearing currently set for Friday, August 26, 2011, at 11:00 a.m., be continued to Friday, September 30, 2011, at 10:00 a.m. The parties are currently litigating a government motion for restitution filed on February 24, 2011. C.R. 23. The reason for this request for a continuance in this hearing is to permit defense counsel to continue to consult with his client on the issue of restitution. Defense counsel has spoken with the defendant about the hearing and his appearance; however, he has been unable to complete his investigation and legal research into this case.
In addition, defense counsel has been unable to obtain a waiver of appearance from the defendant. Due to this fact, the continuance is needed in order to permit the United States Marshals sufficient time to bring the defendant from Arizona to Sacramento for the hearing.
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
By: KYLE REARDON
Assistant U.S. Attorney
MARK S. AXUP
Counsel for the defendant
ORDER
APPROVED AND SO ORDERED.
EDWARD J. GARCIA
U.S. District Court Judge