Filed: Aug. 23, 2017
Latest Update: Aug. 23, 2017
Summary: STIPULATION TO CONTINUE SENTENCING (First Request) JENNIFER A. DORSEY , District Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Andrew Duncan, Assistant United States Attorney, counsel for the United States of America, and David T. Brown, counsel for defendant, that the sentencing currently scheduled for September 18, 2017, be continued at least ninety (90) days, and that it be set for a date and time convenient to the court. This Stipulation is entered into for the following
Summary: STIPULATION TO CONTINUE SENTENCING (First Request) JENNIFER A. DORSEY , District Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Andrew Duncan, Assistant United States Attorney, counsel for the United States of America, and David T. Brown, counsel for defendant, that the sentencing currently scheduled for September 18, 2017, be continued at least ninety (90) days, and that it be set for a date and time convenient to the court. This Stipulation is entered into for the following r..
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STIPULATION TO CONTINUE SENTENCING (First Request)
JENNIFER A. DORSEY, District Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between Andrew Duncan, Assistant United States Attorney, counsel for the United States of America, and David T. Brown, counsel for defendant, that the sentencing currently scheduled for September 18, 2017, be continued at least ninety (90) days, and that it be set for a date and time convenient to the court. This Stipulation is entered into for the following reasons:
1. Part of Mr. Spresser's plea agreement calls for Two Hundred Forty-Nine Thousand Dollars ($249,000) to be ordered as restitution.
2. Mr. Spresser is working hard to gather funds so that he can make a substantial good faith payment on his restitution at the time of sentencing.
3. The undersigned has spoken to Mr. Spresser and he has no objection to this request for a continuance.
4. The additional time requested herein is not sought for purposes of delay.
DATED this 22nd day of August, 2017.
__________/s/ ____________
DAVID T. BROWN, ESQ.
Counsel for Defendant
__________/s/ ____________
ANDREW DUNCAN, ESQ.
United States Attorney
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. Part of Mr. Spresser's plea agreement calls for Two Hundred Forty-Nine Thousand Dollars ($249,000) to be ordered as restitution.
2. Mr. Spresser is working hard to gather funds so that he can make a substantial good faith payment on his restitution at the time of sentencing.
3. Defense counsel has spoken to Mr. Spresser and he has no objection to this request for a continuance.
4. The additional time requested herein is not sought for purposes of delay.
CONCLUSION OF LAW
The ends of justice served by granting said continuance outweigh the best interest of the public and the defendant in a speedy trial, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for trial, taking into account the exercise of due diligence.
IT IS FURTHER ORDERED that the Monday, September 18, 2017, sentencing be vacated and continued to December 18, 2017, at the hour of 10:00 a.m. in Courtroom 6D.
