Opinion
Edward W. Swanson, Britt Evangelist, SWANSON & McNAMARA LLP, San Francisco, California, Attorneys for AKBAR BHAMANI.
George O'Connell, Attorney for ZAIN BHAMANI.
John Panneton, Attorney for ALY BHAMANI.
Matthew Bockmon, Attorney for FEROZA BHAMANI.
Joseph Welch, Attorney for KEN SARNA.
STIPULATION AND ORDER TO CONTINUE RESTITUTION HEARING FROM SEPTEMBER 3, 2015 TO SEPTEMBER 24, 2015
TROY L. NUNLEY, District Judge.
STIPULATION
The United States of America, by and through Assistant United States Attorney Michele M. Beckwith, Akbar Bhamani, by and through his counsel Edward W. Swanson, Zain Bhamani, by and through his counsel of record George O'Connell, Aly Bhamani, by and through his counsel of record John Panneton, Feroza Bhamani, by and through her counsel of record Matthew Bockmon, and Ken Sarna, by and through his counsel of record, Joseph Welch, together respectfully request that the Court continue that restitution hearing currently set for September 3, 2015 at 9:30 a.m. to September 24, 2015, at 9:30 a.m., for the following reasons:
1) The Court has set a restitution hearing in Akbar Bhamani's case for September 3, 2015.
2) Akbar Bhamani, along with his co-defendants, Feroza Bhamani, Zain Bhamani and Aly Bhamani, will be held jointly and severally liable for any restitution judgment imposed by the Court.
3) The parties agree that it would be most efficient if the Court holds a restitution hearing as to all four defendants on the same date.
4) The government anticipates producing to the defense information and documents regarding its position on the restitution figure in this case in the near future.
5) After receiving the government's production, the parties anticipate meeting and conferring to see if they can reach a stipulated agreement as to the amount of restitution that should be order by the Court, thus eliminating the need for holding a restitution hearing altogether.
6) The parties therefore stipulate and agree, and respectfully request, that the Court continue the restitution hearing currently scheduled for September 3, 2015 to September 24, 2015 at 9:30 a.m.
7) To the extent that this continuance of the restitution hearing would exceed the 90-day period provided in 18 U.S.C. § 3664(d)(5) as to Akbar Bhamani, or any other defendant, the defendants waive any right to contest the restitution order based on such delay.
IT IS SO STIPULATED.
ORDER GRANTING CONTINUANCE
The Court has reviewed the Stipulation of the parties to continue the restitution hearing currently scheduled in this case for September 3, 2015 until September 24, 2015 at 9:30 a.m. Based on such documentation, the Court finds good cause to continue the restitution hearing until September 24, 2015 at 9:30 a.m. as to all defendants.
PURSUANT TO STIPULATION, IT IS SO ORDERED.