govinfo:USCOURTS-caed-1_17-cr-00278-16

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Serita Rios, SBN# 246568 
Law Office of Serita Rios  
2014 Tulare Street, Suite 600 
Fresno, California 93721 
Telephone (559) 224-1800 
Facsimile (559) 224-1806 
serita@seritarioslaw.com 
 
 
Attorney for Defendant DAVID AVINA 
 
 
 
 
 
UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF CALIFORNIA 
 
 
 
 
THE UNITED STATES OF AMERICA, 
   
                                       Plaintiff, 
                        vs. 
 
DAVID AVINA, 
                  
                                      Defendant. 
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Case No.  1:17-CR-00278-LJO 
 
STIPULATION TO CONTINUE 
SENTENCING HEARING AND ORDER 
 
Date: December 16, 2019 
Time: 8:30 a.m. 
Court: Hon. Lawrence J. O’Neill 
 
 
  
  
STIPULATION 
 
 The defendant, DAVID AVINA, by and through his counsel, Serita Rios, and the United 
States of America, by and through its counsel , Assistant United States Attorney Kimberly 
Sanchez, hereby stipulate as follows:  
1. By previous order, this matter was set for sentencing on December 16, 2019, at 
8:30 a.m. 
Case 1:17-cr-00278-TLN     Document 110     Filed 12/05/19     Page 1 of 3
 
 
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2. By this stipul ation, the parties move to cont inue the sentencing hearing until 
January 21, 2020. 
3. The parties agree and stipulate, and request the Court find the following: 
a. The draft presentence investigation report was scheduled to be provi ded 
to coun sel on November 4,  2019, as of this da te the presentence investigation report has not 
been submitted.  
 
b. Counsel for Mr. Avina has spoken with United States Probation Officer 
Lynda Moore, who has been  assigned to prepare the presentence investigation report. Officer 
Moore informed defense counsel that there was an  initial delay and then recently there was an 
unexpected death in her family. 
 
 
c. It is necessary for the def ense to have adequate time to review the 
presentence investigation report p rior to the sentencing hearing in order to be adequately 
prepared. It is also necessary to receive the presentence investigation report in advance so that 
the defense can file appropriate objections and responses  and prepare a sentencing 
memorandum based on information included in the presentence investigation report. 
 
 
4. Accordingly, the parties request that the court order the sentencing hearing currently 
set for December 16, 2019, be rescheduled for January 21, 2020.  
 
IT IS SO STIPULATED. 
Case 1:17-cr-00278-TLN     Document 110     Filed 12/05/19     Page 2 of 3
 
 
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Dated: December 4, 2019                                                                                 
       /s/ SERITA RIOS 
       _____________________ 
       Serita Rios 
       Attorney for Defendant   
 Dated: December 4, 2019                                                                                      
        /s/ KIMBERLY SANCHEZ 
       _______________________ 
       KIMBERLY SANCHEZ 
       Assistant United States Attorney   
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ORDER 
  
 The Request is granted based on the stipulation and good cause stated therein. 
 
 
IT IS SO ORDERED. 
 
 Dated:     December 5, 2019                /s/ Lawrence J. O’Neill   _____   
  UNITED STATES CHIEF DISTRICT JUDGE 
 
 
 
  
Case 1:17-cr-00278-TLN     Document 110     Filed 12/05/19     Page 3 of 3

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