Filed: Aug. 03, 2017
Latest Update: Aug. 03, 2017
Summary: (First Request) JAMES C. MAHAN , District Judge . Certification: This Stipulation and Order is being timely filed. STIPULATION AND ORDER TO CONTINUE SENTENCING IT IS HEREBY STIPULATED by Defendant Harold R. Pfrender, by and through his counsel, LANCE A. MANINGO, ESQ., of Bellon & Maningo, Ltd., and Plaintiff, United States of America, STEVEN W. MYHRE, Acting United States Attorney, and DANIEL COWHIG, and KILBY MAcFADDEN, Assistant United States Attorneys, stipulate and request that the C
Summary: (First Request) JAMES C. MAHAN , District Judge . Certification: This Stipulation and Order is being timely filed. STIPULATION AND ORDER TO CONTINUE SENTENCING IT IS HEREBY STIPULATED by Defendant Harold R. Pfrender, by and through his counsel, LANCE A. MANINGO, ESQ., of Bellon & Maningo, Ltd., and Plaintiff, United States of America, STEVEN W. MYHRE, Acting United States Attorney, and DANIEL COWHIG, and KILBY MAcFADDEN, Assistant United States Attorneys, stipulate and request that the Co..
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(First Request)
JAMES C. MAHAN, District Judge.
Certification: This Stipulation and Order is being timely filed.
STIPULATION AND ORDER TO CONTINUE SENTENCING
IT IS HEREBY STIPULATED by Defendant Harold R. Pfrender, by and through his counsel, LANCE A. MANINGO, ESQ., of Bellon & Maningo, Ltd., and Plaintiff, United States of America, STEVEN W. MYHRE, Acting United States Attorney, and DANIEL COWHIG, and KILBY MAcFADDEN, Assistant United States Attorneys, stipulate and request that the Court continue sentencing status hearing, currently scheduled for October 16, 2017, until after May 1, 2018, or to a date convenient for the Court.
This Stipulation is entered into for the following reasons:
1. The government's investigation into related criminal activity by others is ongoing;
2. The defendant's plea agreement includes cooperation provisions. The instant case is related to U.S. v. Daniel M. Boyar, et al, 2:17-cr-21-JCM-GWF, currently scheduled for trial in March 2018;
3. Accordingly, in the view of the government and the defendant, this case is not ripe for sentencing. Defendant Pfrender is not in custody, and specifically requests this continuance;
4. Defendant Pfrender waives any right he may have to a speedy sentencing in this matter;
5. That denial of this request for a continuance could result in a miscarriage of Justice;
6. That this is the first request for a continuance of the sentencing date in this case.
RESPECTFULLY SUBMITTED this 2nd day of August, 2017.
FINDINGS OF FACTS
Based upon the pending Stipulation of the parties, and good cause appearing therefore, the Court finds that:
1. The government's investigation into related criminal activity by others is ongoing;
2. The defendant's plea agreement includes cooperation provisions. The instant case is related to U.S. v. Daniel M. Boyar, et al, 2:17-cr-21-JCM-GWF, currently scheduled for trial in March 2018;
3. Accordingly, in the view of the government and the defendant, this case is not ripe for sentencing. Defendant Pfrender is not in custody, and specifically requests this continuance;
4. Defendant Pfrender waives any right he may have to a speedy sentencing in this matter;
5. That denial of this request for a continuance could result in a miscarriage of Justice;
6. That this is the first request for a continuance of the sentencing date in this case.
CONCLUSIONS OF LAW
The ends of justice served by granting said continuance outweigh the best interests of the public and the defendants in a speedy trial, since the failure to grant said continuance would be likely to result in a miscarriage of justice and would deny the defendant continuous treatment as ordered by United States Pretrial Services. The continuance sought herein is excludable under the Speedy Trial Act, Title 18 United States Code Section 3161(h)(3)(A), and Title 18 United States Code Sections 3161(h)(7)(A), considering the factors under Title 18 United States Code Sections 3161(h)(7)(B)(i) and 3161 (h)(7)(B)(iv).
ORDER
IT IS THEREFORE ORDERED that sentencing in this matter currently scheduled for October 16, 2017, at 10:00 a.m. be vacated and continued to May 7, 2018 at 10:30 a.m.
