Filed: Feb. 21, 2019
Latest Update: Feb. 21, 2019
Summary: Certification: This Stipulation and Order is being timely filed. STIPULATION AND ORDER TO CONTINUE SENTENCING (Fifth Request) JAMES C. MAHAN , District Judge . IT IS HEREBY STIPULATED by Defendant Harold R. Pfrender, by and through his counsel, LANCE A. MANINGO, ESQ., of Maningo Law, and Plaintiff, United States of America, NICHOLAS A. TRUTANICH, United States Attorney, and DANIEL COWHIG, that sentencing, currently scheduled for February 22, 2019 at 10:00 a.m., be vacated and continued t
Summary: Certification: This Stipulation and Order is being timely filed. STIPULATION AND ORDER TO CONTINUE SENTENCING (Fifth Request) JAMES C. MAHAN , District Judge . IT IS HEREBY STIPULATED by Defendant Harold R. Pfrender, by and through his counsel, LANCE A. MANINGO, ESQ., of Maningo Law, and Plaintiff, United States of America, NICHOLAS A. TRUTANICH, United States Attorney, and DANIEL COWHIG, that sentencing, currently scheduled for February 22, 2019 at 10:00 a.m., be vacated and continued to..
More
Certification: This Stipulation and Order is being timely filed.
STIPULATION AND ORDER TO CONTINUE SENTENCING
(Fifth Request)
JAMES C. MAHAN, District Judge.
IT IS HEREBY STIPULATED by Defendant Harold R. Pfrender, by and through his counsel, LANCE A. MANINGO, ESQ., of Maningo Law, and Plaintiff, United States of America, NICHOLAS A. TRUTANICH, United States Attorney, and DANIEL COWHIG, that sentencing, currently scheduled for February 22, 2019 at 10:00 a.m., be vacated and continued to a date and time convenient for this Court; however, in no event earlier than thirty (30) days from the present date of sentencing.
This Stipulation is entered into for the following reasons:
1. Defendant Pfrender is scheduled to appear for sentencing on February 22, 2019. Pfrender was scheduled to depart Orlando, Florida, at 8:00 a.m. (EST) on Thursday, February 21, 2019 and arrive to Las Vegas, Nevada, at 10:16 a.m. (PST). However, due to the snow storm Las Vegas is currently experiencing, Pfrender's flight was cancelled. See Exhibit "1" — Spirit Airlines Flight Status.
2. Undersigned Counsel has reached out to the Assistant United States Attorney, Dan Cowhig, and he does not oppose continuing sentencing to allow Pfrender to economically reschedule his flight.
3. Defendant Pfrender waives any right he may have to a speedy sentencing in this matter;
4. That denial of this request for a continuance could result in a miscarriage of Justice;
5. That this is the fifth request for a continuance of the sentencing date in this case.
FINDINGS OF FACTS
Based upon the pending Stipulation of the parties, and good cause appearing therefore, the Court finds that:
1. Defendant Pfrender is scheduled to appear for sentencing on February 22, 2019. Pfrender was scheduled to depart Orlando, Florida, at 8:00 a.m. (EST) on Thursday, February 21, 2019 and arrive to Las Vegas, Nevada, at 10:16 a.m. (PST). However, due to the snow storm Las Vegas is currently experiencing, Pfrender's flight was cancelled. See Exhibit "1" — Spirit Airlines Flight Status.
2. Undersigned Counsel has reached out to the Assistant United States Attorney, Dan Cowhig, and he does not oppose continuing sentencing to allow Pfrender to economically reschedule his flight.
3. Defendant Pfrender waives any right he may have to a speedy sentencing in this matter;
4. That denial of this request for a continuance could result in a miscarriage of Justice;
5. That this is the fifth 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 February 22, 2019, at 10:00 a.m. be vacated and continued to March 28, 2019 at 10:30 a.m. in the above-noted Federal Courthouse.
EXHIBIT "1"
