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BARRY J. PORTMAN

Federal Public Defender

LOREN D. STEWART

Assistant Federal Public Defender

19th Floor Federal Building – Box 36106

450 Golden Gate Avenue

San Francisco, CA 94102

Telephone: (415) 436-7700

Counsel for Defendant LINARES

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

vs.

JAIME LINARES,

Defendant.

_____________________________________

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No. CR-09-0856 JSW

STIPULATION AND [PROPOSED]

ORDER CONTINUING SENTENCING

HEARING

Current Sentencing Date: Feb. 18, 2010

Time: 2:30 p.m.

Judge: Hon. Jeffrey S. White

Proposed Sentencing Date: Mar. 4, 2010

Time: 2:30 p.m.

Judge: Hon. Jeffrey S. White

The above-captioned case is currently scheduled for sentencing on Thursday,

February 18, 2010 at 2:30 p.m. The parties and the probation officer respectfully request

that the Court continue the sentencing hearing to March 4, 2010 at 2:30 p.m. As a result

of scheduling considerations, the probation officer has not yet been able to complete the

probation interview and has not yet released the draft report. The probation officer is

scheduled to interview the defendant in the presence of undersigned counsel on January

27, 2010. The probation officer has requested, and the parties do not object to, additional

time to complete the presentence investigation. Accordingly, the parties and the

STIP & [PROPOSED] ORDER CONTINUING

SENTENCING HEARING, CR-09-0856 JSW 1

Case 3:09-cr-00856-JSW Document 35 Filed 01/15/10 Page 1 of 3 Case3:09-cr-00856-JSW Document34 Filed01/14/10 Page1 of 3
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probation officer jointly request that the sentencing be re-scheduled for March 4, 2010.

This request is made in conformity with Criminal Local Rule 32-2(a). As of this

date, the probation officer has not yet filed the presentence report. See Crim. L.R. 32-

2(a). Counsel represents that good cause for the change has been established as set forth

above. See id. (a)(1). Counsel for Mr. Linares has conferred with counsel for the

government and the probation officer, both of whom have confirmed their availability on

the proposed date. See id. (a)(2). On January 14, 2010, counsel for Mr. Linares conferred

with the Courtroom Deputy and confirmed the Court’s availability on the proposed date.

See id. (a)(3). A proposed order is attached below. See id. (a)(4).

The parties and the probation officer jointly request that the date for sentencing in

this case be continued until Thursday, March 4, 2010 at 2:30 p.m.

IT IS SO STIPULATED.

January 14, 2010 /s/

DATED CHRISTINE WONG

Assistant United States Attorney

January 14, 2010 /s/

DATED LOREN STEWART

Assistant Federal Public Defender

Attorney for Jaime Linares

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STIP & [PROPOSED] ORDER CONTINUING

SENTENCING HEARING, CR-09-0856 JSW 2

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[PROPOSED] ORDER

For good cause shown and in accordance with Criminal Local Rule 32-2(a), the

sentencing now scheduled for Wednesday, February 18, 2010 is vacated. The matter shall

be added to the Court’s calendar on Wednesday, March 4, 2010 at 2:30 p.m. for

sentencing.

IT IS SO ORDERED.

DATED HON. JEFFREY S. WHITE

United States District Court Judge

STIP & [PROPOSED] ORDER CONTINUING

SENTENCING HEARING, CR-09-0856 JSW 3

Case3:09-cr-00856-JSW Document34 Filed01/14/10 Page3 of 3

Thursday Thursday January 15, 2010

Case 3:09-cr-00856-JSW Document 35 Filed 01/15/10 Page 3 of 3