U.S. v. JUAREZ

Case No. 0972 1:15CR00066.

UNITED STATES OF AMERICA, Plaintiff, v. NORBERTO JUAREZ, Defendants.

United States District Court, E.D. California.


Attorney(s) appearing for the Case

USA, Plaintiff, represented by Henry Zazueta Carbajal, III , Us Dept Of Justice, Us Atty's Office, E.d. Cal. & Ross Pearson , United States Attorney's Office.


STIPULATION AND ORDER TO CONTINUE THE SENTENCING HEARING

LAWRENCE J. O'NEILL, Chief District Judge.

TO: THE CLERK OF THE UNITED STATES DISTRICT COURT, HONORABLE LAWRENCE J. O'NEILL AND ROSS PEARSON, ASSISTANT UNITED STATES ATTORNEY:

COMES NOW Defendant, NORBERTO JUAREZ, by and through his attorney of record, MONICA L. BERMUDEZ hereby requesting that the sentencing hearing currently set for Wednesday, April 19, 2017, be continued to Monday, May 1, 2017 at 8:30 a.m.

Defense Counsel, Monica L. Bermudez, received Mr. Juarez's dispositional memorandum on Tuesday, April 11, 2017. Due to Counsel's schedule, she has not had an opportunity to review the memorandum with Mr. Juarez. The earliest opportunity Counsel has to go to Lerdo Pre-Trial Facility is Saturday, April 15, 2017. Counsel anticipates, after speaking to Mr. Juarez and reviewing the memorandum with him, Counsel will file a sentencing memorandum on Mr. Juarez's behalf. I have spoken to AUSA Ross Pearson and he has no objection to continuing this matter. The parties also agree the delays resulting from the continuance shall be excluded in the interest of justice pursuant to 18 USC 3161 (h)(7)(A) and 3161 (h)(7)(B)(1).

IT IS SO STIPULATED.

ORDER

The status conference currently set for April 19, 2017, before Honorable Lawrence J. O'Neill is continued to Monday, May 1, 2017 at 8:30 a.m.

It may be helpful at this stage for Defense Counsel to know that the Court is not inclined to follow the recommendation of Probation. The Defendant has a long-term and significant drug addiction. It's time to deal with it. The statutory maximum due to the violation is 5 years. The Court is inclined to give the Defendant a choice:

1. Two years in custody with no supervised release to follow; or 2. A two year in patient drug program at Delancey Street in San Francisco, with disposition to follow the drug program, with the indication that if he succeeds at the in patient program, the sentence will be credit for time served; and if he fails the drug program, to protect the public from his continued drug addicted behavior with 5 years in prison.

IT IS SO ORDERED.


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