Motion to Continue Sentencing and Revocation Hearing

ANDREW P. GORDON, District Judge.

The defendant, Benito Alberto Inzunza-Sierra, by and through his attorney of record, MONTI J. LEVY, ESQUIRE, WRIGHT MARSH & LEVY, hereby moves that the currently scheduled sentencing and revocation hearing set for Tuesday, November 20, 2018 at be vacated and set to a date and time convenient to this Court but no sooner than ninety (90 days. The government opposes this request.1 As such, this request is filed as a motion and not a stipulation.

MEMORANDUM OF POINTS AND AUTHORITIES

On June 5, 2018, Mr. Inzunza-Sierra pleaded guilty, by way of plea agreement, to count one of the superseding information. ECF 33, 34. Specifically, he pleaded guilty to possession with intent to distribute a controlled substance, methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A)(viii).

Sentencing and revocation proceedings were originally scheduled for September 6, 2018. ECF 34. The parties requested a continuance due to a delay in delivery of the PSR. ECF 36. The Court granted this request. ECF 37. On August 24, 2018, defense counsel Winckler asked to withdraw from the case due to health issues, current medications, and other health impediments. ECF 38. Defense counsel Winckler requested that defense counsel Monti J. Levy be appointed CJA counsel to represent Mr. Inzunza-Sierra as Ms. Levy is a part of the same law firm and an appointed member to the CJA Panel. Id. On August 28, 2018, this Court granted the request. ECF 39. On November 9, 2018, the parties filed a second stipulation to continue sentencing at the government's request. ECF 41. The court granted the request. ECF 42.

On November 15, 2018 a sentencing reform bill was introduced into Congress. This reform bill is called the First Step Act. It has been widely publicized in the past few days with both a Bi-Partisan Congress and President encouraging its passage. President Trump has agreed to sign the sentencing reform bill, and there appears to be more than enough votes to pass the proposed bill. The current version of the proposed bill includes language to reduce mandatory minimums for certain drug offenses and provide additional safety valve considerations given a defendant's current offense of conviction and prior criminal history. Such changes, if it became law, may impact Mr. Inzunza-Sierra's case. Additionally, any proposed changes may not be retroactive. Therefore, it is important for defense counsel to consider this kind of impact on Mr. Inzunza-Sierra's custodial sentence. Given the potential for imminent change to the law that could affect Mr. Inzunza-Sierra, counsel requests a 90-day continuance to evaluate the strength of the proposed law. Additionally, the 90-day continuance is requested to evaluate Congress's intention to pass the law and present it to the President for signature.

PROPOSED ORDER

IT IS SO ORDERED that the sentencing and revocation hearing currently scheduled for Tuesday, November 20, 2018 at 9:30 a.m. be vacated and continued to December 6, 2018 at 10:00 a.m. in Las Vegas Courtroom 6C.