Filed: Dec. 02, 2016
Latest Update: Dec. 02, 2016
Summary: STIPULATION TO CONTINUE SENTENCING HEARING; ORDER ANTHONY W. ISHII , Senior District Judge . IT IS HEREBY STIPULATED by and between the parties through their respective counsel, Assistant United States Attorneys Mark McKeon and Jeffrey Spivak, Counsel for Plaintiff, and Assistant Federal Defenders, Ann McGlenon and Megan T. Hopkins, Counsel for Defendant Roger Cha, that the sentencing hearing set for December 12, 2016 at 10:00 a.m., may be continued to February 13, 2017 at 10:00 a.m. Mr
Summary: STIPULATION TO CONTINUE SENTENCING HEARING; ORDER ANTHONY W. ISHII , Senior District Judge . IT IS HEREBY STIPULATED by and between the parties through their respective counsel, Assistant United States Attorneys Mark McKeon and Jeffrey Spivak, Counsel for Plaintiff, and Assistant Federal Defenders, Ann McGlenon and Megan T. Hopkins, Counsel for Defendant Roger Cha, that the sentencing hearing set for December 12, 2016 at 10:00 a.m., may be continued to February 13, 2017 at 10:00 a.m. Mr...
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STIPULATION TO CONTINUE SENTENCING HEARING; ORDER
ANTHONY W. ISHII, Senior District Judge.
IT IS HEREBY STIPULATED by and between the parties through their respective counsel, Assistant United States Attorneys Mark McKeon and Jeffrey Spivak, Counsel for Plaintiff, and Assistant Federal Defenders, Ann McGlenon and Megan T. Hopkins, Counsel for Defendant Roger Cha, that the sentencing hearing set for December 12, 2016 at 10:00 a.m., may be continued to February 13, 2017 at 10:00 a.m.
Mr. Cha has been diagnosed with cognitive impairment as a result of an unusually low IQ as of his most recent psychiatric evaluation in 2014 by Dr. Diana Herva. Accordingly, counsel for Mr. Cha requested leave from the court to seek a more recent evaluation of Mr. Cha's impairment as well as professional recommendations regarding alternative sentencing to ensure that Mr. Cha receives proper treatment and care. On September 15, 2016 this Court granted Mr. Cha's request and ordered that an examination be conducted and a new report prepared, including recommendations for sentencing alternatives, if appropriate.
This continuance is requested to allow time for such an evaluation and report to be conducted and prepared. Although counsel for Mr. Cha sought out an expert well in advance of the sentencing date to perform the evaluation and make such recommendations as appropriate, as a result of the holiday period and the volume of work each expert is facing, none of the available psychiatrists or psychologists counsel has been referred to are available to complete the work in time for the currently scheduled sentencing hearing. The majority of the experts counsel has contacted are requesting that they be given until mid-January to complete their analysis and prepare a report.
The parties agree that the court should be provided with accurate and up-to-date information regarding this sentencing issue, and therefore request that the matter be continued for sentencing on February 13, 2017 at 10:00 a.m., in order to allow for Mr. Cha's counsel to work with an expert and obtain the report that has been ordered.
ORDER
IT IS SO ORDERED. Sentencing is continued to February 13, 2017 at 10:00 a.m.
IT IS SO ORDERED.
