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:
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).
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:
IT IS SO ORDERED.