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U.S. v. McFARLAND, 2:15-cr-055-APG-PAL. (2016)

Court: District Court, D. Nevada Number: infdco20160113a54 Visitors: 21
Filed: Jan. 11, 2016
Latest Update: Jan. 11, 2016
Summary: STIPULATION TO CONTINUE SENTENCING HEARING (First Request) ANDREW P. GORDON , District Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Daniel G. Bogden, United States Attorney, and Phillip N. Smith, Jr., Assistant United States Attorney, counsel for the United Stated of America, and Rene L. Valladares, Federal Public Defender, and Brian Pugh, Assistant Federal Public Defender, counsel for Terrence William McFarland, that the Sentencing Hearing currently scheduled on January 20,
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STIPULATION TO CONTINUE SENTENCING HEARING (First Request)

IT IS HEREBY STIPULATED AND AGREED, by and between Daniel G. Bogden, United States Attorney, and Phillip N. Smith, Jr., Assistant United States Attorney, counsel for the United Stated of America, and Rene L. Valladares, Federal Public Defender, and Brian Pugh, Assistant Federal Public Defender, counsel for Terrence William McFarland, that the Sentencing Hearing currently scheduled on January 20, 2016 at 2:00 p.m., be vacated and continued to a date and time convenient to the Court, but no earlier than thirty (30) days.

This Stipulation is entered into for the following reasons:

1. An issue has arisen related to the possible application of Johnson v. United States, 135 S.Ct. 2551 to the defendant's sentencing guideline calculation. The parties disagree on Johnson's application, and request additional time to further research the issues.

2. The defendant is not in custody and does not oppose a continuance.

3. The parties agree to the continuance.

This is the first request for a continuance of the sentencing hearing.

ORDER

IT IS THEREFORE ORDERED that the sentencing hearing currently scheduled for Wednesday, January 20, 2016 at 2:00 p.m., be vacated and continued to March 3, 2016 in Courtroom 6C at the hour of 10:00 a.m.; or to a time and date convenient to the court.

Source:  Leagle

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