Opinion
BENJAMIN B. WAGNER, United States Attorney, KIRK E. SHERRIFF, HENRY Z. CARBAJAL III, Assistant United States Attorneys, Fresno, CA, Attorneys for the United States of America.
E. MARSHALL HODGKINS, Counsel for Defendant, ARLENE JEANETTE MOJARDIN.
STIPULATION AND ORDER RESETTING RESTITUTION HEARING AND EXTENDING SURRENDER DATE
ANTHONY W. ISHII, Senior District Judge.
The United States of America, by and through its counsel of record, and defendant, by and through her counsel of record, hereby stipulate as follows:
1. Defendant Arlene Jeanette Mojardin was sentenced by the Court on May 18, 2015, following conviction after a guilty plea for one count of conspiracy to commit bank fraud, mail fraud and wire fraud (18 U.S.C. § 1349).
2. Pursuant to 18 U.S.C. § 3664(d)(5), the Court set a hearing on restitution to determine victims' losses as to defendant Mojardin for July 27, 2015 at 10:00 a.m.
3. The parties are still attempting to determine whether they can reach an agreement and stipulation as to the restitution amount owed by the defendant and request additional time to address this issue. The parties thus request that the restitution hearing for defendant Mojardin be reset to August 10, 2015 at 10:00 a.m. The defendant agrees that there is no prejudice to her from the continuance. The parties agree that the continuance will conserve time and resources for the parties and the Court.
4. The new restitution hearing date of August 10, 2015 will still satisfy the requirement of 18 U.S.C. § 3664(d)(5), requiring a determination of victim's losses "not to exceed 90 days after sentencing."
5. At defendant Mojardin's sentencing hearing, the Court ordered the defendant to self-surrender to the designated Bureau of Prisons facility, or to the U.S. Marshal if no facility has been designated, on July 27, 2015 by 2:00 p.m. (Dkt. No. 233).
6. Defendant Mojardin requests a continuance of her self-surrender date to August 24, 2015, by 2:00 p.m. The reasons for the request are (1) to allow defendant Mojardin to attend her continued restitution hearing, if the parties do not reach an agreement in advance of the hearing, and (2) to allow defendant Mojardin to attend to the medical needs of one of her children. The government does not oppose the defendant's request for a continuance of her surrender date.
7. Thus, the parties stipulate that defendant Mojardin's surrender date of July 27, 2015, should be continued to August 24, 2015, by 2:00 p.m.
IT IS SO STIPULATED.
ORDER
The issue of the amount and apportionment of restitution as to defendant Mojardin shall be resolved at or before a restitution hearing on August 10, 2015 at 10:00 a.m. Defendant Mojardin's surrender date of July 27, 2015, is continued to August 24, 2015, by 2:00 p.m.
IT IS SO ORDERED.