Stipulation to Continue Sentencing Hearing (First Request)

ANDREW P. GORDON, District Judge.

The parties jointly request that this Court vacate and continue the June 13, 2019, sentencing hearing for at least 45 days for these reasons:

1. On March 20, 2019, Johntae Bland pleaded guilty to a single count of distributing methamphetamine. ECF No. 27.

2. As described in the plea agreement, the charge stems from a controlled buy of ecstasy pills; lab testing revealed that the pills were approximately 20.7-24.5 % methamphetamine. ECF No. 27 at 4.

3. On April 23, 2019, the United States Supreme Court heard argument in Rehaif v. United States. One of the issues on appeal was whether "knowingly" applies to both the possession and status elements of an 18 U.S.C. § 922(g) crime, or only to the possession element.

4. Although the government does not concede that a decision favorable to the defense in Rehaif would undermine Bland's guilty plea, it does not oppose continuing the instant sentencing hearing until after Rehaif is decided. The government expressly reserves the right to oppose any argument (whether it is presented as a stand-alone argument or in support of a motion to withdraw the guilty plea) that the Supreme Court's decision affects this case.

5. The Supreme Court is expected to issue its decision in Rehaif in late June. A 45-day continuance should allow the parties sufficient time to review the Rehaif decision and determine what effect, if any, it may have on the facts of this case.

This is the first stipulation to continue the sentencing hearing.

Order Granting First Sipulation to Continue Sentencing Hearing

Order

Good cause appearing, IT IS HEREBY ORDERED that the sentencing hearing currently scheduled for June 13, 2019, at 9:30 a.m., is vacated and continued to August 6, 2019 at the hour of 10:00 a.m. in Courtroom 6C.