USA v. Brimage

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ERIC GRANT
United States Attorney
LUKE BATY
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, CA 93721
Telephone: (559) 497-4000
Facsimile: 	(559) 497-4099
Attorneys for Plaintiff
United States of America
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
NICHOLAS BRIMAGE,
Defendant.
CASE NO. 1:24-cr-00019-JAM-EPG
STIPULATION AND ORDER TO CONTINUE
SENTENCING
DATE: January 6, 2026
TIME: 9:00 AM
COURT: Hon. John A. Mendez
JOINT STIPULATION TO CONTINUE SENTENCING HEARING
Plaintiff United States of America, by and through its counsel of record, and defendant, by and
through defendant’s counsel of record, hereby stipulate as follows:
1. 	By previous order, this matter was set for a sentencing hearing on January 6, 2026 in
front of the Honorable John A. Mendez.
2. 	The Defendant is currently housed in the Lerdo Correctional Facility in Kern County,
California and facing criminal charges in Kern County Superior Court.
3. 	On January 5, 2026, the parties were made aware that the United States Marshal Service
was unable to transport the Defendant from Kern County custody without a new Writ of Habeas Corpus
issued by the Court, and that the Defendant would not appear at his sentencing on January 6, 2026.
4. 	The parties hereby request to continue sentencing until Tuesday, February 10, 2026 at
9:00am to allow time for the Court to issue a new Writ of Habeas Corpus and give time for the USMS to
Case 1:24-cr-00019-JAM-SKO Document 69 Filed 01/06/26 Page 1 of 3

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arrange transportation of the Defendant.
IT IS SO STIPULATED.
///
///
Dated: January 5, 2026 	ERIC GRANT
United States Attorney
/s/ LUKE BATY
LUKE BATY
Assistant United States Attorney
Dated: January 5, 2026 	/s/ LINDA C. HARTER
LINDA C. HARTER
Counsel for Defendant
NICHOLAS BRIMAGE
Case 1:24-cr-00019-JAM-SKO Document 69 Filed 01/06/26 Page 2 of 3

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ORDER
Based upon the stipulation and representations of the parties, the Court orders the sentencing be
CONTINUED until February 10, 2026, at 9:00 AM.
IT IS SO ORDERED.
Dated: January 05, 2026
Case 1:24-cr-00019-JAM-SKO Document 69 Filed 01/06/26 Page 3 of 3