Free Order - District Court of California - California

Case 5:07-cr-00610-JF

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Filed 01/22/2008 Page 1 of 2 **E-filed 1/22/08**

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Mark R. Vermeulen [CSBN 115381] Law Office of Mark R. Vermeulen 755 Florida Street #4 San Francisco, CA 94110.2044 Phone: 415.824.7533 Fax: 415.824.4833 Attorney for Defendant BERNADETTE ESCUE

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION UNITED STATES OF AMERICA, Plaintiff, v. BERNADETTE ESCUE, Defendant. ) No. CR 07-00610 JF ) -----------) STIPULATION AND [Proposed] ) ORDER CONTINUING SENTENCING ) ) ) )

Defendant Bernadette Escue, through counsel, and Plaintiff United States of America, through counsel, hereby stipulate as follows: 1. Sentencing currently is set for February 20, 2008. By this stipulation and proposed order,

the parties respectfully request that the sentencing hearing be continued to April 16, 2008. 2. Ms. Escue has pled guilty to a violation of 18 U.S.C. § 1343 (mail fraud), having entered

her plea on the first appearance before this Court. 3. On January 10, 2008, the Government produced FBI 302 reports to the defense. Upon

the defense's review of the reports, the defense has determined that it needs to investigate certain matters contained in the reports which may be relevant to sentencing. This continuance is requested to permit the defense to do so. The length of the continuance (i.e., from February 20 to April 16) is necessary because the reports concern events and statements that are said to have occurred in 2004, and investigation of these matters may be more complicated and lengthy than usual.

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Case 5:07-cr-00610-JF

Document 20

Filed 01/22/2008

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4.

Counsel for Ms. Escue has spoken with Lori Timmons, the U.S. Probation Officer who is

drafting the presentence report, and Ms. Timmons has indicated that she has no objection to this requested continuance and the new proposed sentencing date. 5. In light of the foregoing, the parties respectfully request that the sentencing hearing be

continued to April 16, 2008 at 9:00 a.m. IT IS SO STIPULATED. Dated: January 17, 2008 Joseph P. Russoniello United States Attorney

/S/______________________ Joseph A. Fazioli Assistant United States Attorney

Dated: January 17, 2008

/S/______________________ Mark R. Vermeulen Attorney for Defendant BERNADETTE ESCUE

ORDER Based on the foregoing stipulation, and good cause appearing, IT IS HEREBY ORDERED that the sentencing hearing shall be continued to April 16, 2008 at 9:00 a.m. IT IS SO ORDERED.

1/22/08 Dated: __________________________

______________________ Jeremy Fogel United States District Judge

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