Opinion
No. CR 06 — 0534 CRB.
January 23, 2007
KEVIN V. RYAN (CSBN 118321), United States Attorney.
MARK L. KROTOSKI (CSBN 138549), Chief, Criminal Division.
TIMOTHY J. LUCEY (CSBN 172332), Assistant United States Attorney, San Francisco, California, Attorneys for United States of America.
HARRIS B. TABACK, for Defendant Zhou Ru Tan.
[PROPOSED] ORDER CONTINUING SENTENCING
WHEREAS, MARTIN COLANGELO ("Colangelo") has pled guilty pursuant to a plea agreement and is presently scheduled to be sentenced before this Court on Wednesday, January 24, 2007, at 2:15 p.m.;
WHEREAS, counsel for the government is in the process of attempting to work out a potential global resolution with state parole authorities in Santa Clara County that would permit Mr. Colangelo to resolve all of his pending criminal matters via a sentence before this Court that would serve to satisfy both federal and state authorities;
WHEREAS, counsel for the government and the defense have been in contact with Harris B. Taback, Esq., counsel for the defendant as well as Mr. David Ackermann, the Probation Officer assigned to this matter, neither of whom object to the proposed continuance of the date for sentencing, and where, in fact, Mr. Ackermann has not finalized and transmitted to the parties a final Presentence Report ("PSR"), due in part to the government's efforts to reach some agreement regarding a global sentence with the State of California, such that the parties are not in a position to proceed to sentencing until the transmission and review of the final PSR;
WHEREAS, counsel for the government can certify to the Court that all parties have complied with Local Rule 32-2 regarding re-scheduling of sentencing via stipulation, in that government counsel, along with Harris Taback, Esq. (counsel for the defendant) and Mr. Ackermann (the U.S. Probation Officer assigned to the matter) have agreed to the stipulation and the requested date of March 7, 2007. The length of this continuance is necessary due to conflicting schedules of government counsel, defense counsel, and the probation officer between on or about January 24, 2007 through March, 2007.
THEREFORE, BASED ON THE FOREGOING, AND WITH GOOD CAUSE SHOWING, THE PARTIES THEREFORE STIPULATE AND MUTUALLY AGREE TO THE FOLLOWING:
The matter shall be continued for sentencing from January 24, 2007, until March 7, 2007.
IT IS SO STIPULATED.
IT IS SO ORDERED.