Filed: Mar. 10, 2017
Latest Update: Mar. 10, 2017
Summary: STIPULATION TO CONTINUE SENTENCING HEARING [SECOND REQUEST] JAMES C. MAHAN , District Judge . It is hereby stipulated and agreed, by and between Daniel G. Bogden, United States Attorney, through Patrick Burns, Assistant United States Attorney, and Josh Tomsheck, Esq., counsel for defendant Tanika Armstrong, that sentencing in the above-captioned matter, previously scheduled for April 3, 2017, at Court. This Stipulation is entered into for the following reasons 1. Counsel for the Governme
Summary: STIPULATION TO CONTINUE SENTENCING HEARING [SECOND REQUEST] JAMES C. MAHAN , District Judge . It is hereby stipulated and agreed, by and between Daniel G. Bogden, United States Attorney, through Patrick Burns, Assistant United States Attorney, and Josh Tomsheck, Esq., counsel for defendant Tanika Armstrong, that sentencing in the above-captioned matter, previously scheduled for April 3, 2017, at Court. This Stipulation is entered into for the following reasons 1. Counsel for the Governmen..
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STIPULATION TO CONTINUE SENTENCING HEARING
[SECOND REQUEST]
JAMES C. MAHAN, District Judge.
It is hereby stipulated and agreed, by and between Daniel G. Bogden, United States Attorney, through Patrick Burns, Assistant United States Attorney, and Josh Tomsheck, Esq., counsel for defendant Tanika Armstrong, that sentencing in the above-captioned matter, previously scheduled for April 3, 2017, at Court.
This Stipulation is entered into for the following reasons
1. Counsel for the Government is scheduled to be out of the jurisdiction for a training the entire week of April 3, 2017.
2. Armstrong's co-defendant Willie James Montgomery is currently scheduled for sentencing on April 10, 2017. Assuming it is convenient for the Court, continuing Defendant Armstrong's sentencing to the same day would save the Court resources. A consolidated hearing would avoid the Court having to twice examine the underlying facts of this case prior to a sentencing hearing, and instead dispose of both defendants' sentencing hearings on the same day. Thus, consolidating the two hearings would save the Court judicial time and resources.
3. Defendant Armstrong does not oppose this request.
4. Denial of this request could result in a miscarriage of justice, taking into account the exercise of due diligence.
5. This is the second request for a continuance of Defendant Armstrong's sentencing filed in this matter.
FINDINGS OF FACT AND ORDER
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. Counsel for the Government is scheduled to be out of the jurisdiction for a training the entire week of April 3, 2017.
2. Armstrong's co-defendant Willie James Montgomery is currently scheduled for sentencing on April 10, 2017. Assuming it is convenient for the Court, continuing Defendant Armstrong's sentencing to the same day would save the Court the resources. A consolidated hearing would avoid the Court having to twice examine the underlying facts of this case prior to a sentencing hearing, and instead dispose of both defendants' sentencing hearings on the same day. Thus, consolidating the two hearings would save the Court judicial time and resources.
3. Defendant Armstrong does not oppose this request.
4. Denial of this request could result in a miscarriage of justice, taking into account the exercise of due diligence.
5. This is the second request for a continuance of Defendant Armstrong's sentencing filed in this matter.
For all of the above-stated reasons, the ends of justice would be served best by a continuance of the sentencing hearing date.
ORDER
IT IS FURTHER ORDERED that the sentencing hearing in United States v. Tanika Armstrong, 2:16-CR-00083-JCM-NJK, previously scheduled for April 3, 2017, at 10:00 a.m. is vacated and continued until Monday, April 10, 2017 at 11:00 a.m.
