Free Stipulation - District Court of California - California

Case 5:07-cr-00598-JF

Document 31

Filed 07/22/2008

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BARRY J. PORTMAN Federal Public Defender MANUEL U. ARAUJO, Assistant Federal Public Defender 160 West Santa Clara Street, Suite 575 San Jose, CA 95113 Telephone: (408) 291-7753 Counsel for Defendant VALENZUELA-RUIZ

IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 UNITED STATES OF AMERICA, 12 13 14 15 16 STIPULATION 17 18 19 20 21 22 23 24 25 26 Defendant and the government, through their respective counsel, hereby stipulate that, subject to the court's approval, the sentencing hearing in the above-captioned matter, presently scheduled for August 6, 2008, 2008 at 9:00 a.m., may be continued to October 29, 2008 at 9:00 a.m. The defendant, Mr. Valenzuela-Ruiz, on April 23, 2008, entered a guilty plea to one count of violating Title 8, United States Code, §1326. Due to defense counsel's error, a referral for a probation report was not filed with the probation department. Because there was no referral, the probation department has not prepared a Presentence Report. The defendant wants the Court to have all the information which would be made available though the preparation of a Presentence //
STIPULATION TO CONTINUE THE SENTENCING HEARING No. CR 07-00598-JF

) ) ) Plaintiff, ) v. ) ) EVERARDO VALENZUELA-RUIZ, ) ) Defendant. _____________________________________ )

No. CR 07-00598- JF STIPULATION TO CONTINUE SENTENCING HEARING TO OCTOBER 29, 2008

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Case 5:07-cr-00598-JF

Document 31

Filed 07/22/2008

Page 2 of 2

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Report. Therefore, a continuance of the sentencing hearing to October 29, 2008, is requested. On July 22, 2008, defense counsel spoke to United States Probation Officer Ben Flores, who informed defense counsel that his office has no objection to the date so long as it was on or after October 25, 2008. Dated: July 22, 2008 _________/S/___________ MANUEL U. ARAUJO Assistant Federal Public Defender Dated: July 22, 2008 _________/S/_____________ CHAD M. MANDELL, Assistant United States Attorney

STIPULATION TO CONTINUE THE SENTENCING HEARING No. CR 07-00598-JF

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