Free Order - District Court of California - California

Case 5:07-cr-00610-JF

Document 15

Filed 01/04/2008

Page 1 of 2 **E-filed 1/4/08**

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eMark 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 January 30, 2008. By this stipulation and proposed order,

the parties respectfully request that the sentencing hearing be continued to February 20, 2008. This is the first requested continuance. 2. Defendant Escue has pled guilty to a violation of 18 U.S.C. § 1343 (mail fraud). In

connection with the drafting of the presentence report, Ms. Escue and counsel need to provide to the Probation Officer certain financial and personal documentation. The obtaining and production of that documentation has been complicated by the fact that Ms. Escue has had to devote significant time in the last several months to caring for her elderly parents, and by the fact that Ms. Escue also recently has had to sell her house, and some of the necessary financial and personal documentation has been packed up and is not easily accessible.

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Case 5:07-cr-00610-JF

Document 15

Filed 01/04/2008

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3.

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. 4. In light of the foregoing, the parties respectfully request that the sentencing hearing be

continued to February 20, 2008 at 9:00 a.m. IT IS SO STIPULATED. Dated: December 20, 2007 Scott N. Schools United States Attorney

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

Dated: December 20, 2007

/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 February 20, 2008 at 9:00 a.m. IT IS SO ORDERED.

1/4/08 Dated: __________________________

______________________ Jeremy Fogel United States District Judge

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