Opinion
Case No.: 2:11-cr-00347-KJD-CWH
08-29-2017
UNITED STATES OF AMERICA, Plaintiff, v. DAVID LITWIN, Defendant.
ORDER
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. Counsel for the United States is scheduled to commence a short trial on September 5, 2017 before the Honorable Larry Hicks (United States v. Mendoza, 16-cr-324). Consequently, counsel for the United States will be occupied with trial on the current sentencing date.
2. Counsel the Defendant has no objection to a continuance.
3. The defendant is in custody but he does not object to the continuance.
4. Additionally, denial of this request for continuance could result in a miscarriage of justice as counsel for the Government will be occupied with trial during the currently sentencing date. Should the Defendant elect to file a sentencing memorandum, the Government will need additional time to file a response. Likewise, the Defendant may need additional time to file a response to the Government's sentencing memorandum.
For all of the above-stated reasons, the end of justice would best be served if Defendant's sentencing was rescheduled.
ORDER
IT IS FURTHER ORDERED that defendant's sentencing currently scheduled for September 5, 2017 at 9:00 am be vacated and continued to Tuesday, Septe m ber 12, 20 17 at 9:00 a .m..
DATED this 29th day of August, 2017.
/s/_________
HONORABLE KENT J. DAWSON
United States District Court Judge