Opinion
No. CR-11-0436 WHA
10-24-2011
UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL WAYNE TODD, Defendant.
DEREK OWENS Assistant United States Attorney JODI LINKER Assistant Federal Public Defender
BARRY J. PORTMAN
Federal Public Defender
JODI LINKER
Assistant Federal Public Defender
Counsel for Defendant TODD
STIPULATION AND [PROPOSED] ORDER TO CONTINUE SENTENCING HEARING
The parties jointly request that, subject to the Court's approval, the sentencing hearing presently set for November 1, 2011 be continued to January 17, 2012 at 2:00 pm.
On August 16, 2011, defendant Michael Todd pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 9229(g). The Court scheduled the sentencing hearing for November 1, 2011. At that time, the defense advised the Court that it may seek a continuance of the sentencing hearing because November 1st is the date that Mr. Todd's baby is due and his girlfriend would like to be present for the sentencing hearing. Mr. Todd and his girlfriend are in the process of making arrangements to be married, which they would like to have completed by the time of sentencing. As anticipated, Mr. Todd's girlfriend will not be able to be present for the sentencing hearing if held on November 1, 2011. She is concerned that if the hearing is scheduled too soon after November 1, 2011, she will not be able to attend because the baby will still be too young for her to leave to come to San Francisco for the sentencing.
Additionally, the draft PSR indicates that Mr. Todd currently has two detainers: one in Sonoma County for a state case related to the instant offense conduct, and another detainer for a potential parole violation. Prior to his sentencing, defense counsel would like the opportunity to investigate whether these detainers will remain in place and the affect, if any, on the amount of time he will serve in custody.
Accordingly, for the above reasons, the parties jointly request that the sentencing hearing be continued from November 1, 2011 to January 17, 2012.
IT IS SO STIPULATED.
DEREK OWENS
Assistant United States Attorney
JODI LINKER
Assistant Federal Public Defender
IT IS SO ORDERED.
William Alsup
UNITED STATES DISTRICT JUDGE