Opinion
LAW OFFICE OF TODD D. LERAS Todd D. Leras, Sacramento, California Attorney for Defendant IVAN ESPINOZA VILLAFANA
STIPULATION AND ORDER CONTINUING SENTENCING HEARING AND MODIFYING PRE-SENTENCE REPORT SCHEDULE
TROY L. NUNLEY, District Judge.
This matter is presently set for judgment and sentencing on April 16, 2014. The parties to this action, Plaintiff United States of America by and through Assistant U.S. Attorney Christiaan Highsmith, and Defendant Ivan Espinoza Villafana by and through his attorney Todd D. Leras, request that the Court continue the sentencing hearing to June 4, 2014. The parties further request that the Court modify the previously-set schedule regarding the Pre-Sentence
Disclosure of PSR to counsel no later than April 23, 2015
Counsel's written informal objections to the PSR delivered to the Probation Officer and opposing counsel no later than May 7, 2015
PSR filed with the Court and disclosed to counsel no later than May 14, 2015
Motion for Correction to be filed no later than May 21, 2015
Reply, or Statement of Non-Opposition to be filed no later than May 28, 2015
The parties further acknowledge that any sentencing memorandum must be filed, by 5:00 p.m., no later than seven (7) calendar days before the scheduled sentencing hearing. In addition, any response to a sentencing memorandum must be filed, by 3:00 p.m., at least three (3) calendar days before the hearing.
The assigned probation officer, Paul Mamaril, is aware of the continuance request, as well as the proposed dates related to the PSR, and joins in the request on behalf of the Probation Office. The continuance allows for necessary preparation time for completion of the PSR. Based on defendant's entry of guilty pleas pursuant to a written Plea Agreement on January 29, 2015, an exclusion of time under the Speedy Trial Act is not required.
Assistant U.S. Attorney Christiaan Highsmith has reviewed this proposed order and authorized Todd Leras to sign it on his behalf.
ORDER
BASED ON THE REPRESENTATIONS AND STIPULATION OF THE PARTIES, it is hereby ordered that the judgment and sentencing hearing in this matter is continued to June 4, 2015, at 9:30 a.m. The Court adopts the parties' proposed schedule as to the disclosure of the Pre-Sentence Report and the disclosure and filing of relevant documents related to it.
IT IS SO ORDERED.