Free Stipulation - District Court of California - California

Case 3:08-cr-00508-PJH

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Filed 08/11/2008

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JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney BRIAN J. STRETCH (CABN 163973) Chief, Criminal Division NATHANAEL M. COUSINS (CABN 177944) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7368 Facsimile: (415) 436-7234 E-Mail: [email protected] Attorneys for the United States UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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UNITED STATES OF AMERICA, Plaintiff, v. JUAN ALARCON-BAUTISTA, Defendant.

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No. CR 08-0508 PJH and related case No. CR 07-0267 PJH STIPULATION WAIVING PRESENTENCE REPORT AND REQUESTING EXPEDITED SENTENCING

Whereas this case is scheduled for Wednesday, August 13, 2008, at 1:30 p.m. for trial setting before Judge Hamilton; the parties anticipate entry of a Plea Agreement at that hearing; and the parties have agreed to expedited sentencing without need of a presentence report; the parties stipulate as follows: 1. Under Federal Rule of Criminal Procedure 32(c)(1)(A)(ii) and Criminal

Local Rule 32-1(b), the defendant waives his right to a presentence report and the parties agree that the information in the record ­ including the presentence report for defendant dated June 13, 2007 in case CR 07-0267 and the Judgment in a Criminal Case dated July

Case 3:08-cr-00508-PJH

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13, 2007 ­ enable the Court to meaningfully execute its sentencing authority under 18 U.S.C. § 3553 without need for a presentence report. 2. Furthermore, under Federal Rule of Criminal Procedure 32(b)(2), the

parties agree that there is good cause for the expedited sentencing of the defendant upon entry of his Plea Agreement, in that the Court may consider the defendant's presentence report dated June 13, 2007. For the foregoing reasons, the parties respectfully request that the Court sentence the defendant on an expedited basis on August 13, 2008 (or on a future date to be selected by the Court) and without need for a further presentence report.

DATED: August 11, 2008

Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s/ Nat Cousins NATHANAEL M. COUSINS Assistant United States Attorney Stipulated by,

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/s/ Elizabeth Falk [by NMC] ELIZABETH FALK Assistant Federal Public Defender Counsel for Defendant

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Case 3:08-cr-00508-PJH

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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UNITED STATES OF AMERICA, Plaintiff, v. JUAN ALARCON-BAUTISTA, Defendant.

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No. CR 08-0508 PJH and related case No. CR 07-0267 PJH [proposed] ORDER GRANTING STIPULATION WAIVING PRESENTENCE REPORT AND REQUESTING EXPEDITED SENTENCING

The Court has considered the Stipulation Waiving Presentence Report and
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Requesting Expedited Sentencing. The Court finds under Federal Rule of Criminal
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Procedure 32(c)(1)(A)(ii) and Criminal Local Rule 32-1(b) that the defendant has
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knowingly and voluntarily waived his right to a presentence report and also finds that the
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information in the record ­ including the presentence report for defendant dated June 13,
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2007 in case CR 07-0267 and the Judgment in a Criminal Case dated July 13, 2007 ­
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enable the Court to meaningfully execute its sentencing authority under 18 U.S.C. § 3553
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without need for a presentence report. Accordingly, the Court finds good cause to
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sentence the defendant on an expedited basis upon the entry of his guilty plea.
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DATED: _____________, 2008
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Hon. Phyllis J. Hamilton UNITED STATES DISTRICT COURT JUDGE