Filed: Oct. 25, 2017
Latest Update: Oct. 25, 2017
Summary: STIPULATION TO CONTINUE SENTENCING AND DISPOSITION JENNIFER A. DORSEY , District Judge . IT IS HEREBY STIPULATED AND AGREED by and between Defendant, LEONARDO A. OLIVEIRA SANTOS, by and through his counsel, TODD M. LEVENTHAL, ESQ., and the United States of America, by its counsel, JOHN P. BURNS, Assistant U.S. Attorney, that the Sentencing and Disposition in the above-captioned matter currently set for Friday October 27, 2017 be reset for at least 90 days. This Stipulation is entered into
Summary: STIPULATION TO CONTINUE SENTENCING AND DISPOSITION JENNIFER A. DORSEY , District Judge . IT IS HEREBY STIPULATED AND AGREED by and between Defendant, LEONARDO A. OLIVEIRA SANTOS, by and through his counsel, TODD M. LEVENTHAL, ESQ., and the United States of America, by its counsel, JOHN P. BURNS, Assistant U.S. Attorney, that the Sentencing and Disposition in the above-captioned matter currently set for Friday October 27, 2017 be reset for at least 90 days. This Stipulation is entered into f..
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STIPULATION TO CONTINUE SENTENCING AND DISPOSITION
JENNIFER A. DORSEY, District Judge.
IT IS HEREBY STIPULATED AND AGREED by and between Defendant, LEONARDO A. OLIVEIRA SANTOS, by and through his counsel, TODD M. LEVENTHAL, ESQ., and the United States of America, by its counsel, JOHN P. BURNS, Assistant U.S. Attorney, that the Sentencing and Disposition in the above-captioned matter currently set for Friday October 27, 2017 be reset for at least 90 days.
This Stipulation is entered into for the following reasons
1. Mr. Leventhal will not be in jurisdiction on Friday and will not be available.
2. There are pending issues that remain which are vital to the Sentencing and Disposition of Mr. Oliveira-Santos.
3. Mr. Oliveira-Santos is currently in custody and agrees with this request.
4. Mr. Leventhal has spoken to JOHN P. BURNS, Assistant United States Attorney, and he has no objection to continue the hearing.
5. Additionally, denial of this request for a continuance could result in a miscarriage of justice.
FINDINGS OF FACT
Based on the stipulation of counsel, and good cause appearing, the Court finds that:
1. Mr. Leventhal will not be in jurisdiction on Friday October 27, 2017, and will not be available.
2. There are pending issues that remain which are vital to the Sentencing and Disposition of Mr. Oliveira-Santos.
3. Mr. Oliveira-Santos is currently in custody and agrees with this request.
4. Mr. Leventhal has spoken to JOHN P. BURNS, Assistant United States Attorney, and he has no objection to continue the hearing.
5. Additionally, denial of this request for a continuance could result in a miscarriage of justice.
CONCLUSIONS OF LAW
1. For all the above-stated reasons, the ends of justice would best be served by granting the requested continuance of the current Sentencing date to either the week of February 19, 2018 at a time convenient for the court.
ORDER
Accordingly, IT IS SO ORDERED that the current Sentencing of Mr. Oliveira-Santos is vacated and the same is continued and reset for February 5, 2018 at the hour of 9:00 a.m.
