Opinion
No. 1:10-cr-00054 LJO
01-26-2012
UNITED STATES OF AMERICA, Plaintiff, v. BENJAMIN VALLE-MACIEL, Defendant.
DANIEL J. BRODERICK, Bar #89424 Federal Defender CHARLES J. LEE, Bar #221057 Assistant Federal Defender Designated Counsel for Service Attorney for Defendant BENJAMIN VALLE-MACIEL
DANIEL J. BRODERICK, Bar #89424
Federal Defender
CHARLES J. LEE, Bar #221057
Assistant Federal Defender
Designated Counsel for Service
Attorney for Defendant
BENJAMIN VALLE-MACIEL
STIPULATION AND ORDER TO CONTINUE SENTENCING HEARING
DATE: March 12, 2012
TIME: 8:30 A.M.
JUDGE: Hon. Lawrence J. O'Neill
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel that the status conference in the above-captioned matter now set for February 21, 2012, may be continued to March 12, 2012 at 8:30 A.M.
This continuance is at the request of defense counsel to allow for proper preparation of the sentencing hearing. Defense is in receipt of the draft presentence report and had scheduled a Spanish interpreter in order to meet with client to review the draft and prepare for sentencing. Mr. Valle-Maciel has been housed at the Fresno County Jail during the pendency of the case up until a few days ago. Defense counsel was unaware Mr. Valle-Maciel was transferred to Lerdo until yesterday when I attempted to visit him.
Because of the logistics of the bus transportation from Lerdo, defense counsel will not be able to review the draft PSR with the client until February 8. As such, defense respectfully requests the continued sentencing hearing date, as well as the probationary deadlines to be extended three weeks, so defense can properly prepare and file its papers on this case.
Because this is a sentencing hearing, no exclusion of time is necessary under the Speedy Trial Act.
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
By: ______________
YASHAR NILCHIAN
Special Assistant United States Attorney
Attorney for Plaintiff
DANIEL J. BRODERICK
Federal Defender
By: ______________
CHARLES J. LEE
Assistant Federal Defender
Attorney for Defendant
BENJAMIN VALLE-MACIEL
ORDER
IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE