Free Motion for Miscellaneous Relief - District Court of California - California

Case 5:08-cr-00446-JW

Document 7

Filed 08/19/2008

Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ROBERT J. MULHERN, CA 177491 ATTORNEY AT LAW 398 West Colorado Avenue, Box 22-125 Telluride, Colorado 81435 (302) 731-7257 [email protected] Counsel for the Defendant SPONSORS FOR AMERICAN EDUCATIONAL INSTITUTES, INC.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) Plaintiff, ) vs. ) ) SPONSORS FOR AMERICAN ) EDUCATIONAL INSTITUTES, INC. ) ) Defendant. ) ) _______________________________) UNITED STATES OF AMERICA, CASE NO.: CR-08-00446-JW-PVT UNOPPOSED MOTION FOR AN ORDER CHANGING THE STATUS CONFERENCE TO A SENTENCING HEARING

PLEASE BE ADVISED that the defendant, Sponsors for American Educational Institutes, Inc., by and through its attorney of record, Robert J. Mulhern, Attorney at Law, 398 West Colorado Avenue, Box 22-125, Telluride, Colorado 81435, will move the United States District Court for the Northern District of California, 280 South First Street, San Jose, California 95113, for an order to change the status conference, scheduled for September 15, 2008 at 1:30 p.m., to a sentencing hearing at the same date and time. //// //// _________________________________________________
MOTION TO CHANGE STATUS CONFERENCE TO A SENTENCING HEARING

Case 5:08-cr-00446-JW

Document 7

Filed 08/19/2008

Page 2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

This application is based on this notice; the following grounds; and, if appropriate, any oral evidence that is presented at the hearing on this motion. The grounds for this motion are, on August 7, 2008, the defendant had its initial appearance and arraignment. The Honorable Magistrate Judge Patricia V. Trumbull schedule a status conference on September 15, 2008 at 1:30 p.m. However, on this same date, the United States of America and Sponsors for American Educational Institutes, Inc. executed a Plea Agreement. This agreement was also given to the United States District Court. Therefore, for the aforementioned reasons, counsel requests that the status conference be changed to a sentencing hearing. RESPECTFULLY SUBMITTED Dated: August 19, 2008 /S/ Robert J. Mulhern ROBERT J. MULHERN, Esq., CA 177491 398 West Colorado Avenue, Box 22-125 Telluride, Colorado 81435 (302) 731-7257 Counsel for the Defendant Sponsors for American Educational Institutes, Inc.

_________________________________________________
MOTION TO CHANGE STATUS CONFERENCE TO A SENTENCING HEARING

2

Case 5:08-cr-00446-JW

Document 7

Filed 08/19/2008

Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 19th day of August of 2008, I electronically filed an Unopposed Notice of Motion and Motion for an Order Changing the Status Conference to a Sentencing Hearing, Order, and Certificate of Service with Richard W. Wieking, Clerk of the Court, using the Electronic Case Filing System (ECF) which will send notification of such filings to the parties in this case to: [email protected] These documents are available for viewing and downloading from ECF/PACER. Dated: August 19, 2008 /S/ Robert J. Mulhern ROBERT J. MULHERN, Esq., CA 177491 398 West Colorado Avenue, Box 22-125 Telluride, Colorado 81435 (302) 731-7257 Counsel for the Defendant Sponsors for American Educational Institutes, Inc.

_________________________________________________
MOTION TO CHANGE STATUS CONFERENCE TO A SENTENCING HEARING

Case 5:08-cr-00446-JW

Document 7

Filed 08/19/2008

Page 4 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ROBERT J. MULHERN, CA 177491 ATTORNEY AT LAW 398 West Colorado Avenue, Box 22-125 Telluride, Colorado 81435 (302) 731-7257 [email protected] Counsel for the Defendant SPONSORS FOR AMERICAN EDUCATIONAL INSTITUTES, INC.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) vs. ) ) SPONSORS FOR AMERICAN ) EDUCATIONAL INSTITUTES, INC. ) ) Defendant. ) ) _______________________________) CASE NO.: CR-08-00446-JW-PVT ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION CHANGING THE STATUS CONFERENCE TO A SENTENCING HEARING

The Motion came before this Court. Upon consideration of all of the evidence set forth and good cause appearing therefrom, IT IS ORDERED that, The defendant, Sponsors for American Educational Institutes, Inc., be sentenced on September 15, 2008 at 1:30 p.m. Dated: _______________________________ The Honorable James Ware United State District Court Northern District of California

_______________________________________________
ORDER CHANGING STATUS CONFERENCE TO A SENTENCING HEARING