Filed: Sep. 13, 2017
Latest Update: Sep. 13, 2017
Summary: STIPULATION TO CONTINUE SENTENCING HEARING (Ninth Request) GLORIA M. NAVARRO , District Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Steven W. Myhre, Acting United States Attorney, by and through Daniel J. Cowhig, Assistant United States Attorney, counsel for the United States of America, and Phil Brown, Esq., counsel for Defendant CHRISTINE GAGNON, that the sentencing hearing scheduled for September 15, 2017 at 9:00 a.m., be continued to a date at the convenience of the Co
Summary: STIPULATION TO CONTINUE SENTENCING HEARING (Ninth Request) GLORIA M. NAVARRO , District Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Steven W. Myhre, Acting United States Attorney, by and through Daniel J. Cowhig, Assistant United States Attorney, counsel for the United States of America, and Phil Brown, Esq., counsel for Defendant CHRISTINE GAGNON, that the sentencing hearing scheduled for September 15, 2017 at 9:00 a.m., be continued to a date at the convenience of the Cou..
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STIPULATION TO CONTINUE SENTENCING HEARING
(Ninth Request)
GLORIA M. NAVARRO, District Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between Steven W. Myhre, Acting United States Attorney, by and through Daniel J. Cowhig, Assistant United States Attorney, counsel for the United States of America, and Phil Brown, Esq., counsel for Defendant CHRISTINE GAGNON, that the sentencing hearing scheduled for September 15, 2017 at 9:00 a.m., be continued to a date at the convenience of the Court but in any event no less than sixty (60) days from the currently scheduled date.
This Stipulation is entered into for the following reasons:
1) Defendant Christine Gagnon entered into a plea agreement with the United States Attorney's Office that contemplated cooperation in the prosecution of the co-defendants;
2) Since the setting of the upcoming sentencing date, some issues regarding the paperwork and other factors have caused the defense to need additional time to properly prepare an accurate sentencing memorandum;
3) The defendant is out of custody and agrees to the continuance of the sentencing hearing;
4) Additionally, denial of this request for continuance could result in a miscarriage of justice;
5) This is the ninth request for a continuance of the sentencing hearing;
6) It is agreed that this request to continue is sought in good faith and not for the purposes of delay.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
FINDINGS OF FACT
Based upon the pending stipulation of counsel, and good cause appearing therefore, the Court hereby finds:
1. Christine Gagnon's sentencing is currently set for September 15, 2017;
2. Defendant Christine Gagnon entered into a plea agreement with the United States Attorney's Office that contemplated cooperation in the prosecution of the co-defendants;
3. Since the setting of the upcoming sentencing date, some issues regarding the paperwork and other factors have caused the defense to need additional time to properly prepare an accurate sentencing memorandum;
4. The defendant is out of custody and agrees to the continuance of the sentencing hearing;
5. Additionally, denial of this request for continuance would likely result in a miscarriage of justice;
6. This is the ninth request for a continuance of the sentencing hearing;
7. It is agreed that this request to continue is sought in good faith and not for the purposes of delay.
8. All parties being in agreement and the best interest of justice being served:
CONCLUSIONS OF LAW
Based upon the fact that new issues have arisen with regard to the paperwork and other factors and that, due to those issues, Defendant Christine Gagnon needs additional time to prepare an accurate sentencing memorandum, and based upon the fact that counsel to the parties do not object to the continuance, and based on the fact that the denial of this request for continuance would likely result in a miscarriage of justice, the Court hereby concludes:
1. The ends of justice are served by granting said continuance since the failure to grant said continuance would likely result in a miscarriage of justice.
ORDER
IT IS THEREFORE ORDERED that the sentencing currently scheduled for September 15, 2017 at 9:00 a.m., be vacated and continued to Friday, November 17, 2017 at the hour of 11:00 a.m. in Courtroom 7C.
