Filed: Apr. 25, 2018
Latest Update: Apr. 25, 2018
Summary: STIPULATION AND ORDER TO CONTINUE SENTENCING HEARING JAMES C. MAHAN , District Judge . IT IS HEREBY STIPULATED AND AGREED by and between Telia U. Williams, Esq., counsel for the defendant, Antonio Nunez, and Alexandra M. Michael, Esq., Assistant United States Attorney, that the sentencing and disposition hearing currently scheduled for April 30, 2018 at 10:00am, be vacated CONTINUED FOR FORTY-FIVE (45) DAYS, and to the date and time in the proposed order attached herein. This Stipulation i
Summary: STIPULATION AND ORDER TO CONTINUE SENTENCING HEARING JAMES C. MAHAN , District Judge . IT IS HEREBY STIPULATED AND AGREED by and between Telia U. Williams, Esq., counsel for the defendant, Antonio Nunez, and Alexandra M. Michael, Esq., Assistant United States Attorney, that the sentencing and disposition hearing currently scheduled for April 30, 2018 at 10:00am, be vacated CONTINUED FOR FORTY-FIVE (45) DAYS, and to the date and time in the proposed order attached herein. This Stipulation is..
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STIPULATION AND ORDER TO CONTINUE SENTENCING HEARING
JAMES C. MAHAN, District Judge.
IT IS HEREBY STIPULATED AND AGREED by and between Telia U. Williams, Esq., counsel for the defendant, Antonio Nunez, and Alexandra M. Michael, Esq., Assistant United States Attorney, that the sentencing and disposition hearing currently scheduled for April 30, 2018 at 10:00am, be vacated CONTINUED FOR FORTY-FIVE (45) DAYS, and to the date and time in the proposed order attached herein.
This Stipulation is entered into for the following reasons:
1. Counsel for Nunez has experienced a couple of family emergencies, and has two criminal appellate briefs that are imminently due that require her attention, and which may not be continued without undue prejudice to her clients.
2. In addition, counsel and the defendant would like to meaningfully confer in person prior to sentencing, which will require them to travel to California or Nevada or meeting in the middle, which will require Mr. Nunez to get time off from work and make family arrangements, and/or counsel to obtain travel funds.
3. Counsel for the defense has spoken to her client on this case, Antonio Nunez, who is out of custody, and has no objection to the continuance.
4. Additionally, counsel for the United States has no objection to this continuance.
5. For all the above-stated reasons, the ends of justice would best be served by a continuance of the sentencing and disposition until a date and time convenient to the court.
6. This is the second request for a continuance of the sentencing.
ORDER
FINDINGS OF FACT
Based on the Stipulation of counsel, and good cause appearing therefore, the court finds that the Stipulation by and between the United States and Antonio Nunez to continue the sentencing and disposition of this case for forty-five (45) days, is entered into for the following reasons:
1. Counsel for Nunez has experienced a couple of family emergencies and has two criminal appellate briefs that are imminently due that require her attention, and which may not be continued without undue prejudice to her clients.
2. Counsel for Mr. Nunez has spoken to her client, who is out of custody, who has no objection to the continuance.
3. Counsel for the United States has no objection to the continuance.
4. For all the above-stated reasons, the ends of justice would best be served by a continuance of the sentencing and disposition until a date and time convenient to the court. This is the second request for continuance of the sentencing filed herein.
CONCLUSIONS OF LAW
Denial of this request for continuance would deny the parties herein the opportunity to effectively and thoroughly prepare for sentencing.
Additionally, denial of this request for continuance could result in a miscarriage of justice.
ORDER
IT IS HEREBY ORDERED that the sentencing and disposition currently scheduled for April 30, 2018 at 10:30am, be continued to the 13th day of June, 2018 at 10:30 a.m.
