Opinion
No. CR 12-00337-01 DLJ
03-20-2013
UNITED STATES OF AMERICA, Plaintiff, v. JOSE CARDENAS, Defendant.
VARELL L. FULLER Assistant Federal Public Defender THOMAS A. COLTHURST Assistant United States Attorney
STEVEN G. KALAR
Federal Public Defender
VARELL L. FULLER
Assistant Federal Public Defender
160 West Santa Clara Street, Suite 575
San Jose, CA 95113
Telephone: (408) 291-7753
Counsel for Defendant CARDENAS
AMENDED STIPULATION AND
[] ORDER CONTINUING
SENTENCING HEARING DATE FROM
MARCH 21, 2013 TO MARCH 28, 2013
STIPULATION
Defendant Jose Cardenas, by and through Assistant Federal Public Defender Varell L. Fuller, and the United States, by and through Assistant United States Attorney Thomas A. Colthurst, hereby stipulate and agree, subject to the Court's approval, that the sentencing hearing currently set in this matter for Thursday, March 21, 2013, at 10:00 a.m., be continued to Thursday, March 28, 2013, at 10:00 a.m.
On December 20, 2012, Mr. Cardenas entered a plea pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C) to one count of violating 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(viii) and 860, and a sentencing hearing date was set at that time for March 21, 2013. Defense counsel respectfully request a one week continuance to March 28, 2013, to permit the Probation Officer assigned to conduct the presentence investigation, additional time to consider materials recently submitted by the defense in response to the draft report prepared in this matter. Accordingly, the defense respectfully request that the sentencing hearing date be continued to March 28, 2013. United States Probation Officer Benjamin Flores, who has been assigned to conduct the presentence investigation, has been consulted about the requested continuance and has no objection. The parties further agree that the deadlines by which the United States Probation Office must disclose the draft and final pre-sentence reports shall be adjusted according to the new March 28, 2013, sentencing date.
_____________________
VARELL L. FULLER
Assistant Federal Public Defender
_____________________
THOMAS A. COLTHURST
Assistant United States Attorney
[] ORDER
GOOD CAUSE APPEARING, and by stipulation of the parties, it is hereby ordered that the sentencing hearing date set for Thursday, March 21, 2013, at 10:00 a.m. is continued to Thursday, March 28, 2013, at 10:00 a.m., and the dates by which United States Probation must disclose the draft and final pre-sentence reports shall be adjusted accordingly.
_____________________
THE HONORABLE D. LOWELL JENSEN
United States District Court Judge