Filed: Jun. 28, 2018
Latest Update: Jun. 28, 2018
Summary: STIPULATION AND ORDER TO CONTINUE SENTENCING DALE A. DROZD , District Judge . TO THE UNITED STATES OF AMERICA AND ITS ATTORNEY OF RECORD, MELANIE L. ALSWORTH, A.U.S.A.; ALL COUNSEL ENTITLED TO RECEIVE NOTICE; THE CLERK OF THE ABOVE COURT; AND THE HONORABLE JUDGE PRESIDING IN SAID COURT: IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MELANIE L ALSWORTH, Assistant U.S. Attorney, attorney for plaintiff; and Victor M. Perez, attorney for defendant
Summary: STIPULATION AND ORDER TO CONTINUE SENTENCING DALE A. DROZD , District Judge . TO THE UNITED STATES OF AMERICA AND ITS ATTORNEY OF RECORD, MELANIE L. ALSWORTH, A.U.S.A.; ALL COUNSEL ENTITLED TO RECEIVE NOTICE; THE CLERK OF THE ABOVE COURT; AND THE HONORABLE JUDGE PRESIDING IN SAID COURT: IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MELANIE L ALSWORTH, Assistant U.S. Attorney, attorney for plaintiff; and Victor M. Perez, attorney for defendant ..
More
STIPULATION AND ORDER TO CONTINUE SENTENCING
DALE A. DROZD, District Judge.
TO THE UNITED STATES OF AMERICA AND ITS ATTORNEY OF RECORD, MELANIE L. ALSWORTH, A.U.S.A.; ALL COUNSEL ENTITLED TO RECEIVE NOTICE; THE CLERK OF THE ABOVE COURT; AND THE HONORABLE JUDGE PRESIDING IN SAID COURT:
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MELANIE L ALSWORTH, Assistant U.S. Attorney, attorney for plaintiff; and Victor M. Perez, attorney for defendant JUAN S. BULGARA, that the time for presentence, interview report and sentencing be extended to September 17, 2018 at 10:00a.m.
This request is made jointly by the government and defense in order to permit time for interview, report and sentence. The parties are currently engaged in a number of conflicting proceedings necessitate the additional time to complete the requested. Defendant waives his right for timely sentencing by a certain date and agrees to extend the time for sentencing. The parties agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a timely sentencing.
ORDER
The court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the court finds that it is unreasonable to expect adequate preparation for sentencing proceedings itself within the time limits established in 18 U.S.C. Section 3161. In addition, the court specifically finds that the failure to grant a continuance in this case would deny the parties reasonable time necessary for effective preparation of sentence, taking into account the exercise of due diligence. The court finds that the ends of justice to be served by granting an extension of the date upon which a sentence must be presented outweigh the best interests of the public and the defendants for a timely sentence. The sentencing hearing as to the above-named defendant currently scheduled for July 2, 2018, is continued to September 17, 2018, at 10:00 a.m. in courtroom 5 before District Judge Dale A. Drozd.
IT IS SO ORDERED.
