Filed: Apr. 19, 2019
Latest Update: Apr. 19, 2019
Summary: STIPULATION AND ORDER TO CONTINUE SENTENCING (First Request) JENNIFER A. DORSEY , District Judge . IT IS HEREBY STIPULATED by and between ANDERSON CLAYTON ALCANTARA, Defendant, by and through his counsel DUSTIN R. MARCELLO, ESQ, NICHOLAS A. TRUTANICH, United States Attorney, and PATRICK BURNS, Assistant United States Attorney, that Sentencing currently scheduled for April 22, 2019 at 11:00 a.m. be vacated and continued to 45 days or to a time convenient with the Court. This Stipulation is
Summary: STIPULATION AND ORDER TO CONTINUE SENTENCING (First Request) JENNIFER A. DORSEY , District Judge . IT IS HEREBY STIPULATED by and between ANDERSON CLAYTON ALCANTARA, Defendant, by and through his counsel DUSTIN R. MARCELLO, ESQ, NICHOLAS A. TRUTANICH, United States Attorney, and PATRICK BURNS, Assistant United States Attorney, that Sentencing currently scheduled for April 22, 2019 at 11:00 a.m. be vacated and continued to 45 days or to a time convenient with the Court. This Stipulation is ..
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STIPULATION AND ORDER TO CONTINUE SENTENCING
(First Request)
JENNIFER A. DORSEY, District Judge.
IT IS HEREBY STIPULATED by and between ANDERSON CLAYTON ALCANTARA, Defendant, by and through his counsel DUSTIN R. MARCELLO, ESQ, NICHOLAS A. TRUTANICH, United States Attorney, and PATRICK BURNS, Assistant United States Attorney, that Sentencing currently scheduled for April 22, 2019 at 11:00 a.m. be vacated and continued to 45 days or to a time convenient with the Court.
This Stipulation is entered into for the following reasons:
1. Counsel has spoken with the Defendant and he has no objection to the continuance.
2. The parties agree to the continuance.
3. Defendant is in custody in Pahrump.
4. Counsel needs additional time to adequately prepare for sentencing with Defendant .
5. Additionally, denial of this request for continuance would result in a miscarriage of justice.
6. This is the first request to continue the sentencing.
DATED this 17th day of April 2019.
Respectfully submitted,
NICHOLAS TRUTANICH
PITARO & FUMO, CHTD. UNITED STATES ATTORNEY
DUSTIN R MARCELLO, ESQ. PATRICK BURNS
601 LAS VEGAS BOULEVARD, SOUTH ASSISTANT UNITED STATES ATTORNEY
LAS VEGAS, NEVADA 89101 501 LAS VEGAS BOULEVARD SOUTH. #1100
ATTORNEY FOR DEFENDANT LAS VEGAS, NEVADA 89101
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds:
This Stipulation is entered into for the following reasons:
1. Counsel has spoken with the Defendant and he has no objection to the continuance.
2. The parties agree to the continuance.
3. Defendant is in custody in Pahrump.
4. Counsel needs additional time to adequately prepare for sentencing with Defendant .
5. Additionally, denial of this request for continuance would result in a miscarriage of justice.
6. This is the first request to continue the sentencing.
CONCLUSIONS OF LAW
The end of justice served by granting said continuance outweigh the best interest of the public and defendants since the failure to grant said continuance would likely result in a miscarriage of justice, would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for sentencing taking into account the exercise of due diligence.
ORDER
IT IS ORDERED that Sentencing currently scheduled for April 22, 2019, at 11:00 a.m. be continued to June 17, 2019, at the hour of 1:30 p.m.
