Opinion
No. CR 10-00660 SBA
11-07-2011
UNITED STATES OF AMERICA, Plaintiff, v. EFRAIN LOPEZ-TORRES, Defendant.
JOYCE LEAVITT Assistant Federal Public Defender JOSEPH AUDAL Special Assistant United States Attorney
BARRY J. PORTMAN
Federal Public Defender
JOYCE LEAVITT
Assistant Federal Public Defender
Counsel for Defendant LOPEZ-TORRES
STIPULATION AND ORDER
CONTINUING SENTENCING DATE
STIPULATION
IT IS HEREBY STIPULATED, by and between the parties to this action, that the sentencing date in this case with respect to Efrain Lopez-Torres, currently scheduled for Monday, November 14, 2011, at 10:00 a.m., before Honorable Saundra Brown Armstrong, may be continued to Friday, December 9, 2011, at 10:00 a.m. for sentencing. The reason for the requested continuance is that United States Sentencing Guideline §2L1.2, relating to a violation of 8 U.S.C. §1326, has been modified which results in a reduction of Mr. Lopez-Torres' applicable offense level under the guidelines. In addition, USSG §5D1.2, relating to when a term of supervised release should be imposed, has also been modified as it applies to this case. The parties would like to continue the sentencing date so that the United States Probation Officer can modify the Pre-Sentence Report ("PSR") to reflect the current guidelines as they apply to Mr. Lopez-Torres. If the Court continues sentencing to December 9, 2011, at 10:00 a.m., United States Probation Officer Karen Mar has indicated that she is available on that date and that she will be able to complete the revised PSR and release it to the parties one week prior to sentencing.
JOYCE LEAVITT
Assistant Federal Public Defender
JOSEPH AUDAL
Special Assistant United States Attorney
I hereby attest that I have on file all holographed signatures for any signatures indicated by a conformed signature (/s/) within this e-filed document.
ORDER
GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the sentencing in this case, currently scheduled for Monday, November 14, 2011, at 10:00 a.m., is continued to Friday, December 9, 2011, at 10:00 a.m. for sentencing.
SO ORDERED.
HONORABLE SAUNDRA BROWN ARMSTRONG
United States District Judge