Filed: Apr. 18, 2016
Latest Update: Apr. 18, 2016
Summary: STIPULATION TO CONTINUE REVOCATION HEARING Consolidated with Case: 2:15-cr-00255-JAD-PAL JENNIFER A. DORSEY , District Judge . IT IS HEREBY STIPULATED AND AGREED by and between Defendant, DANIEL J. DEASE, by and through his counsel, TODD M. LEVENTHAL, ESQ., and the United States of America, by its counsel, SUSAN CUSHMAN, Assistant U.S. Attorney, that the Revocation of Supervised Release Hearing in the above-captioned matter currently set for Monday, April 25, 2016 be re-set for at least 30
Summary: STIPULATION TO CONTINUE REVOCATION HEARING Consolidated with Case: 2:15-cr-00255-JAD-PAL JENNIFER A. DORSEY , District Judge . IT IS HEREBY STIPULATED AND AGREED by and between Defendant, DANIEL J. DEASE, by and through his counsel, TODD M. LEVENTHAL, ESQ., and the United States of America, by its counsel, SUSAN CUSHMAN, Assistant U.S. Attorney, that the Revocation of Supervised Release Hearing in the above-captioned matter currently set for Monday, April 25, 2016 be re-set for at least 30 d..
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STIPULATION TO CONTINUE REVOCATION HEARING Consolidated with Case: 2:15-cr-00255-JAD-PAL
JENNIFER A. DORSEY, District Judge.
IT IS HEREBY STIPULATED AND AGREED by and between Defendant, DANIEL J. DEASE, by and through his counsel, TODD M. LEVENTHAL, ESQ., and the United States of America, by its counsel, SUSAN CUSHMAN, Assistant U.S. Attorney, that the Revocation of Supervised Release Hearing in the above-captioned matter currently set for Monday, April 25, 2016 be re-set for at least 30 days.
This Stipulation is entered into for the following reasons
1. On December 23, 2015 the case the Honorable Judge Jennifer A. Dorsey with current case number
2. Mr. Leventhal will be in trial for on the current set date.
3. Mr. Dease is currently in custody and agrees with this request.
4. Mr. Leventhal has spoken to SUSAN CUSHMAN, Assistant United States Attorney, and she has no objection to this continuance.
5. Additionally, denial of this request for a continuance could result in a miscarriage of justice.
FINDINGS OF FACT
Based on the stipulation of counsel, and good cause appearing, the Court finds that:
1. On December 23, 2015 the case 2:13-cr-00253 was consolidated and assigned to the Honorable Judge Jennifer A. Dorsey with current case number 2:15-cv-00255.
2. Mr. Leventhal will be in trial for 2:14-cr-00357 and therefore will not be available on the current set date.
3. Mr. Dease is currently in custody and agrees with this request.
4. Mr. Leventhal has spoken to SUSAN CUSHMAN, Assistant United States Attorney, and she has no objection to this continuance.
5. Additionally, denial of this request for a continuance could result in a miscarriage of justice.
CONCLUSIONS OF LAW
1. For all the above-stated reasons, the ends of justice would best be served by granting a continuance of the current Revocation Hearing date and reset it for the same date as the trial in the 2:15-cv-00255 case or a time convenient for the court.
ORDER
Accordingly, IT IS SO ORDERED that the current SentencingRevocation Hearinghearing is vacated and the same is continued and reset for Thursday, June 16, 2016, at the hour of __________, at 1:30 p.m. in Courtroom #6D.
