Filed: Sep. 24, 2015
Latest Update: Sep. 24, 2015
Summary: STIPULATION AND ORDER TO CONTINUE SENTENCING LAWRENCE J. O'NEILL , District Judge . Defendant, VICTOR MANUEL TORRES, by and through his attorney of record, Anthony P. Capozzi and the United States Attorney by and through Laurel J. Montoya, hereby stipulate as follows: 1. By previous order, this matter was set for sentencing on September 28, 2015, at 8:30 a.m. 2. The parties agree and stipulate that Defendant requests this court to continue the sentencing until November 16, 2015, at 8:30
Summary: STIPULATION AND ORDER TO CONTINUE SENTENCING LAWRENCE J. O'NEILL , District Judge . Defendant, VICTOR MANUEL TORRES, by and through his attorney of record, Anthony P. Capozzi and the United States Attorney by and through Laurel J. Montoya, hereby stipulate as follows: 1. By previous order, this matter was set for sentencing on September 28, 2015, at 8:30 a.m. 2. The parties agree and stipulate that Defendant requests this court to continue the sentencing until November 16, 2015, at 8:30 a..
More
STIPULATION AND ORDER TO CONTINUE SENTENCING
LAWRENCE J. O'NEILL, District Judge.
Defendant, VICTOR MANUEL TORRES, by and through his attorney of record, Anthony P. Capozzi and the United States Attorney by and through Laurel J. Montoya, hereby stipulate as follows:
1. By previous order, this matter was set for sentencing on September 28, 2015, at 8:30 a.m.
2. The parties agree and stipulate that Defendant requests this court to continue the sentencing until November 16, 2015, at 8:30 a.m.
3. Additionally, the parties agree and stipulate, and request that the Court find the following:
a. The Defendant pled guilty on May 7, 2013. Ongoing negotiations have been taking place between the Government and the Defendant. Additional information is needed prior to sentencing which may be completed by November 16, 2015.
b. At issue is the Defendant's Criminal History Category II. The Defendant was convicted in Las Vegas, Nevada on March 19, 2002, on a misdemeanor possession of drugs not for sale. The Defendant was fined $310. Defense counsel has determined that the case was closed, not dismissed.
c. The court file is presently being located to determine if a transcript exists. An attorney is being contacted in Clark County, Nevada to pursue a dismissal of the case which would eliminate one Criminal History point.
d. The Defendant was convicted on October 9, 2003, for Driving Under the Influence in Kings County, California. The Defendant was not represented by an attorney in the proceeding. (Exhibit A)
e. The court file is presently being located to determine if a transcript exists.
f. If this conviction is dismissed, one Criminal History point would be eliminated.
g. The Government does not object to this continuance.
IT IS SO STIPULATED.
DATED: September 24, 2015 By: /s/Laurel J. Montoya
LAUREL J. MONTOYA
United States Attorney
ORDER
For reasons set forth above, the continuance requested by the parties is granted for good cause. The sentencing currently scheduled for July 20, 2015, at 8:30 a.m. is continued to November 16, 2015, at 8:30 a.m. No further continuances.
IT IS SO ORDERED.
